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02-033
ORDINANCE NO. 0 o~-0 --~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II OF THE CODE OF ORDINANCES TO PROVIDE FOR DUTIES FOR THE CODE COMPLIANCE ADMINISTRATOR AND MINOR TECHNICAL AMENDMENTS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO; AMENDING PART III, OF THE CITY OF BOYNTON BEACH CODE OF O~INANCES, ENTITLED, "LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR THE ESTABLISHMENT OF THE POSITION OF CITY ENGINEER AS THE DIRECTOR OF THE ENGINEERING DEPARTMENT, AND FOR THE CITY ENGINEER TO TAKE ACTION WITH RESPECT TO TECHNICAL SERVICES PROVIDED BY THE ENGINEERING DEPARTMENT AS INDICATED IN EXHIBIT "B" ATTACHED HERETO; AND AMENDING PART III TO PROVIDE FOR DELETION OF OBSOLETE LANGUAGE, AND CLARIFICATION OF EXISTING PROVISIONS AS INDICATED IN EXHIBIT "B" ATTACHED HERETO INCLUDING PROVISIONS RELATING TO POINTS OF ACCESS, DRAINAGE, ALTERATIONS TO MEDIANS, WORK WITHIN RIGHTS-OF-WAY, AND PROCESSING OF APPLICATIONS AS INDICATED IN EXHIBIT "B" ATTACHED HERETO; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WltEREAS, the City Commission for the City of Boynton Beach, Florida, ("City Y. ommission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and the City's regulations governing the use and development of land and property within the City, in the best interest of the City, its residents, property owners, and visitors; and WltEREAS, the City Commission revised and consolidated the City's Land Regulations ("LDR's") in to a comprehensive part of the City Code of Ordinances for ease of use and reference, as stated in Part 3 of the Code of Ordinances of the City of Boynton Beach, Florida; and WItEREAS, certain LDR's which established criteria, standards, and specifications require periodic amendments; and WHEREAS, certain segments of the LDR's which require determination for the issuance of permits, signed statements, and permit approval are issued, signed and approved by the Development Director; and WHEREAS, the City Commission, in conjunction with City Administration, created the Department of Engineering, effective October 1, 1999, to be headed by an Engineering Director; and WHEREAS, the Director of Engineering shall now be designated as the "City Engineer"; and WltEREAS, the requirements of the LDR's as they currently exists, require certain determinations, and directives, associated with technical services, and these shall issued by the City Engineer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, THAT: Section 1. That Part II of the City of Boynton Beach Code of Ordinances be, and same is hereby amended to provide that those segments of the City of Boynton Beach of Ordinances which refer to the "City Engineer" and "Director of Parks and should refer to the "Code Compliance Administrator" as indicated in Exhibit "A' is attached hereto and incorporated herein by reference. Section 2. That Part III, entitled "Land Development Regulations" of the Code of of the City of Boynton Beach, Florida, be, and the same is hereby amended to that the title, "City Engineer" shall be inserted throughout Part III as indicated in "B" which is attached hereto, and incorporated herein by reference. Section 3. That Part III, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, is hereby amended so as to designate that actions associated with technical service provided by the Engineering Department, shall be performed by the City Engineer and not the Development Director as indicated in Exhibit "B" which is attached hereto, and incorporated herein by reference. Section 4. That Part IH, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended to provide for the deletion of obsolete language, clarification of provisions, renumbering, and relettering of Part "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, as in Exhibit "B" which is attached hereto and incorporated herein by reference. Section 5. Each and every other provision of the Land Development Regulations the Code of Ordinances of the City of Boynton Beach not herein specifically amended in full force and effect as previously enacted. Section 6. All Ordinances or parts of Ordinances in conflict herewith are hereby Section 7. Should any section or any provision of this Ordinance or portion any paragraph, sentence, or work be declared by a court of competent jurisdiction to :1, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby granted to codify this Ordinance. Section 9. This Ordinance shall become effective immediately upon passage. FIRST READING are approved by the City Commission of the City of Boynton on First Reading this ~ ~ ~d~ t~-/L day of . ,2002. APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at Second, Final Reading and Passage this o~ O day of ~ u~.~'r ,2002. CITf~~dO~E.~A?H,. F~R/DA Vice Ma~or .. ~ .- ;_--_ ~. o~ssioner Co~issioner ATTEST: EstabliShing Position of City Engineer.dOc 4 EXHIBIT "A" CODE CODE OF ORDINANCES, PART II CHAPTER 5 CABLE SYSTEMS AND OPEN VIDEO SYSTEMS ARTICLE II. - FRANCHISING AND LICENSING OF CABLE AND SERVICE PROVDERS. OPEN VIDEO GENERAL PROVISIONS Sec. 5-11(11) Maps. Each cable or open video system operator shall maintain accurate maps and improvement plans which show the location, size, and a general description of all facilities installed in the rights-of-way and any power supply sources (including voltages and connections). Maps shall be based upon post-construction (as-built) inspection to verify location. The operator of each cable or open video system shall provide a map to the city showing the location of its facilities, in such detail and scale as may be directed by the city engineer. New maps shall be promptly submitted to the city when the facility expands or is relocated. Copies of maps shall be provided on disk, in a format specified by the city engineer. CHAPTER 10 GARBAGE, TRASH AND OFFENSIVE CONDITIONS ARTICLE I. - IN GENERAL Sec. 10-6. (a)(4) The owners have ten (10) days from the date of mailing of notice to file a written petition to the city manager er ~2s ~esignee for a hearing before a three- person board which shall be composed of the city manager, the director of public works~, and the '~;~+^~ ^*' .... ~+; .... '~ park mpli ........................ s code co ance administrator Page 1 of 3 CODING: Words ino~1.,,~+'4~ +,.~.~..~,. ~,,o~.~v,~ are deletions from existing law;] Words in underscore type are additions. C:\W1NDOWS\Temporary Interact Files\OLKC115XExhibit A- Engineering Dept. CODE Name Chg.doc or their designees, which heating shall be held within ten (10) days of the date the petition is received by the city manager. Sec. 10-7.(a) The owner of the property shall have the fight, within ten (10) days from the date of the notice of public nuisance provided for in this chapter to file a written petition with the city manager,~ J-~h; ......... ~,~w,~o~-~,.,~*~*~"~, ,~ for a hearing before a three-person board composed of the city manager, the director of public works~ and the d;~,~ ^,- ...... ,~ .... ~ ~o o,,a~ compliance administrator or their designees, which hearing shall be held within ten (10) days of the date the petition is received by the city manager. ARTICLE III. - ABANDONED PROPERTY Sec. 10-52.(c) Whenever the enforcement officer of the city shall ascertain that an article or articles of abandoned property are present on private property within the limits of the City of Boynton Beach in violation of the provisions of this article, the violation of the provisions shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten (10) days from the date of this notice unless a hearing has been demanded in accordance with the terms of Chapter 10, Article I, Boynton Beach Code of Ordinances within~,~- ...... ~'~,~ ten (10) days of the date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of the City of Boynton Beach and the owner will be liable for the costs of removal and destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, telephone number of enforcement officer). Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of ten (10) days. In addition to posting the notice, on or before the date of posting, the Page 2 of 3 CODING: Words ;.,~,.... ~..,.~**..,.,~+~41~ ~-l~,.~,.,,,.,f:,,..h type are deletions from existing law;] Words in underscore type are additions. C:\WlNDOWS~Temporary Intemet Files\OLKC115'tExhibit A - Engineering Dept. CODE Name Chg.doc enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located, as shown by the real estate tax records used by the City of Boynton Beach, and if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of a notice to such owner. The notice shall also advise the person to whom the notiCes are applicable that they have seven (7) days from the date of posting and/or mailing of the notice to file a written petition to the city manager or his designee for a heating before a thee-person board which shall be composed of the city manager, the director of public works, or the ~;* .... ~;..~ o,,,~ ~h,~ ,~;~,^~ ^c ~n~ .... .~ ...... ,;,.., code compliance administrator, or their designees; which herein shall be held within ten (10) days of the date the petition is received by the city manager. Page 3 of 3 CODING: Words ino~.,~,,~r~ **,~.~.,,.~,~.,, type are deletions from existing law;] Words in underscore type are additions. C:\WINDOWS\Temporary lntemet Files\OLKC115kExhibit A - Enginem'ing Dept. CODE Name Chg.doc EXHIBIT "B" LAND DEVELOPMENT REGULATIONs CODE OF ORDINANCES, PART III Chapter 1 GENERAL PROVISIONS ARTICLE II. - DEFINITIONS CENTERLINE A line midway between the right-of-way lines or the surveyed and prescribed centerline established by the d/rectc, r cf develcpmer2 city engineer which may or may not be the line midway between the existing or proposed right-of-way lines. INSPECTOR - A city employee as an inspector under the authority and direction of either the director of development, er ~.;.s designee, the director of public works, the director of utilities, or the city engineer or ~heir designees. STORM DRAINAGE A system sufficient to prevent inundation resulting from a three-year storm which conveys storm waters to publicly dedicated and maintained drainage canals or natural waterways acceptable to the agency having jurisdiction or an alternate proposal approved by the ~irectc, r cf deve!opmev~ city engineer. TECHNICAL REVIEW COMMITTEE (TRC) - A committee consisting of the director of development, the fire chief, the police chief, the director of utilities, the director of public works, the city engineer, the recreation and parks director and the director of planning and zoning, or their duly authorized representatives. Page 1 of 42 CODING: Words in st~e t~zugh type are deletions from existing law;] Words in underscore type are additions. C:\WlNDOWS\Temporary Intemet Files\OLKC 115~Exhibit B - Engineering Dept LDR Name Chg061902.doc ARTICLE VII - APPEALS Sec. 1.D.2. The City Commission will hear and decide appeals of administrative decisions or determinations in the enforcement or administration of environmental review permits; excavation, dredging and/or fill permits; platting; major/minor site plan or master plan modifications and height exceptions. Sec. 3. App eals from decisions of the building board of adjustment and appeals. A. ELIGIBILITY. Appeals of decisions of the board of "^~; ....... ~' ~"~ the building board of adjustment and appeals may be taken by any aggrieved party affected by a board decision. B. FILING. Appeals for judicial relief shall be filed with the circuit court within thirty (30) calendar days after rendition of a board decision. ARTICLE VIII. - DEVELOPMENT REVIEWS Sec. 1. Technical reviews Page 2 of 42 CODING: Words in ~ type are deletions f~om existing law;] Words in underscore type are additions. S :\CA\Ordinances\LDR Changes'Exhibit B - Engineering Dept LDR Name Chg061902.doc E. TECHNICAL REVIEW COMMITTEE (TRC) CONSIDERATION. A technical review committee (TRC) chaired by the planning and zoning director or his/her designee and consisting of representatives of the parks and recreation, fire, police, utilities, engineering, public works, planning and zoning, and development departments shall meet to review documents in order to coordinate the technical expertise of TRC members. TRC comments will be forwarded in writing to the planning and zoning department within three (3) days of the meeting. CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY ARTICLE VI. CONCURRENCY REQUIREMENTS Sec. 11. Concurrency Review Board C. Concurrency review board. A concurrency review board is hereby established, which shall consist of the utilities director, the recreation and parks director, the public works director, the city engineer, the planning and zoning director and the director of development, or their duly authorized representatives. The city manager may include himself and/or the city attorney on this board, at the direction of the city manager, either permanently or for the purpose of reviewing particular applications. A quorum of this board shall consist of three (3) members, and all actions by the board shall be by simple majority vote, unless the votes are evenly split, in which case, the vote of the board shall simply be transmitted to the planning and development board. The concurrency review board or its members may consult with the city attorney, city manager and any other government officer or agency involved with the provision or regulation of public facilities, as well as the state land planning agency and the regional planning council, with respect to any matter which is to be considered by the board. CHAPTER 2 ZONING Page 3 of 42 CODING: Words in sta4~e-hh~gh type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances'~LDR Changes\Exhibit B - Engineering Dept LDR Name Chg061902.doc Sec. 7. Planned industrial development district. H. DESIGN CRITERIA 1. Paving. All iatei4o~ paving shall comply with specifications and standards set forth and ~'~*';~ ~ ~*' .........~ ^*' *~'~ '~ .... ~ .....* '~;~"~'-" established by the city engineer. 9. Storm sewer system. When approved positive drainage is not available, on-site containment of storm water mn-off shall be provided by the developer. Details on the on-site system shall be approved by the,~,, -~ .... · ,,~-,t-~,,~~ ..... * ,,,~,,,,~,,~'~"*'-~ city engineer. Sec. 11. Supplemental regulations. Sec. 11.3. Environmental review permits C. PROCEDURES 4. Environmental review committee, establishment and composition. An environmental review committee for the review and approval of applications for environmental review permits is hereby established, which shall consist of the development director, the utilities director, the public works director, the city engineer, the fire chief, and the,,~*" play, nar planning and zoning director, or their duly authorized representatives, and any other persons that the city manager may designate as members of the environmental review committee, either permanently or with respect to a particular application. CHAPTER 3 MASTER PLAN REVIEW Page 4 of 42 CODING: Words in ........... ~ %~},,, are deletions from existing law;l Words in underscore type are additions. S:\CA\Ordinances~LDR Changes'dExhibit B - Engineering Dept LDR Name Chg061902.doc ARTICLE I. - IN GENERAL Sec. 5. Approval. Upon receiving the approval as prescribed for the master plan from the director of de~4opme~ planning and zoning or his designee, the developer shall coordinate the preparation of construction plans, the plat and the construction of required improvements directly with th~q~ff-f,~M' the director c,f develc, pmer'~ city engineer as hereinafter prescribed. CHAPTER 5 PLATTING ARTICLE II. - WAIVERS AND SUBSTITUTIONS Sec. 1. Waivers B. Waiver application. Pursuant to Section 1 above, the developer shall submit an application for waiver of plat to the,..~,~,~,,. ,,~*' ,~,~ '~ .... .,~-,~.,~ ..... ~ ciW engineer who shall rev/ew the application and determine if one of the foregoing conditions exists and. upon affirmative determination, shall delete waive the requirement for platting. C. Appeal of Waiver denial decisions. When the,-.-~*^~.,,~,.. ,~.^c ,~,-'~ .... .,~,~v---,,--~ ..... · city en~neer determines that an applicant is not eligible for a waiver to platting, the decision may be appealed to the *'^~'~ ^c ~^~. ............ ~, appeals City Commission as outlined in Chapter 1, Article VII. D. Requirements in lieu of platting. If platting is deleted not required, a certified survey shall be submitted to the,.~.'~:~-*~,~,,~,,. ,,.^c ,~,,~ ..... ,,~,,v,~.,,~.~ ..... * city engineer who may require deeded rights-of-way and easements, reservations or improvements required in connection with platting under this ordinance, including the posting of surety to carry out the intent and purpose of this ordinance. Sec. 2. Substitutions Page 5 of 42 CODING: Words in ............ c:,-- ~Jv-, are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc A. Eligibility. A boundary plat may be submitted when t-he portions of an existing subdivision or r~saJadi~sio~ parcels of land being assembled to create a single developable property is of such simplicity or is surrounded by such development as to justify the waiving of the requirements for preparing a full replat. For the sole purpose of determining application fees, a boundary plat submittal shall be considered a pre- application submittal. B. Master plan waiver. The submission of a master plan for a boundary plat may be waived at the sole option of the ~'~'^~ ^*' '~ .... ~ .....· ,it,, engineer. ARTICLE III. - ADMINISTRATION For the purpose of coordinating, enforcing and administering this chapter, the ~ '~ .... ~ ..... * city engineer shall be deemed administrative officer. Information, advice or recommendations shall be rendered only by the.~.~^~,,~,,~ ,,~^r ,.,,'~ .... - --~v---,---~~ ...... city engineer or his ~-~--,~--~--~"*~'^'4~'~' ~ -,~v- ~--~--~-~;~'~.,, designee following consultation with the planning and zoning director. ARTICLE IV. PREREQUISITES TO PLATTING Sec. 1. Approved master plan. Prior to consideration of any proposed platting or replatting under this chapter, master plan approval as outlined in Chapter 3 of Part III, Land Development Regulations of the City of Boynton Beach, Florida must be obtained. For individual minor properties the master plan may be waived at the sole option of the planning and zoning director of devetopme~ or his designee. Sec. 2. Pre-application (preliminary plat). The purpose of the optional pre-application procedure is to allow the developer and the planning and zoning director,,~'*' ,~,, ~ .... .,--,,v~-~,,~~ ..... * the opportunity to consult informally prior to the preparation of the plat and formal application. A. A written pre-application (letter request) shall be submitted to the planning and zoning director,,~^c ,.,,'~ ......~.,,~,~,,~.~ ..... ~ The written pre-application shall ,,,,.~.~.~.~^~-;~ consist of the following: Page 6 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc ~ Four (4) copies of the written statement previously submitted with the master plan in accordance with city requirements. ~,.,,~;v t-,~r~x Four (4) copies of the preliminary plat in accordance with ciW requirements. A fee as adopted by the City Commission to help defray the cost of processing the preliminary plat. B. Upon receipt of the statement and fee, the planning and zoning director deq~lmmt~ hall '~; ......... ;~ ,~ ~-ot- ~.~ ~r~.~ ~;~,~ ~r ~ .... ~ ..... ·-~, notify the city on,neet of the need for plat rehew. ARTICLE V. - PLAT PREPARATION AND APPROVAL Sec. 1. Preparation of final plat. A ~ ~ c,.~ ....;" **'~ app ............. ~. ...... re;4ew procedures to To obtain roval for a subdivision in the City of Boynton Beach, the developer shall submit a final plat to the director of ...... ~. ....... city engineer, shall notify the planning and zoning director, and shall post surety as outlined in this Article, Section 2, paragraph A2 and Chapter 7, Article 1, Section 3, made payable to the City of Boynton Beach together with restoration surety as outlined in this Article, Section 2, paragraph A3 prior to placing final plat approval on a City Commission agenda. No improvements, including streets, drainage and the like shall be accepted and maintained by the city unless and until the final plat has been approved by the d/rector of development professional surveyor and mapper and the city engineer, as well as and the City Commission; duly recorded; and all required improvements are completed, both public and private. ~;-~+~- ~ ~ .... ~ ..... * Faille to submit the final plat to the city en~neer ~th~ six (6) months from the date of application shall require a re-sub~ttal. ~ C. The final plat shall conform to the approved master plan or--site-pimp. Page 7 of 42 CODING: Words in c,~!ee-tt.,r~m~gh type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc D. The final plat shall be drawn or printed on twenty-four by thirty-six (24 x 36) inch linen, chronoflex, mylar or other approved time stable material. The final plat shall be prepared by a professional surveyor and mapper currently registered in the State of Florida and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one (1) inch equals one hundred (100) feet, or as otherwise determined by the ~ector of deve!opmev~ city engineer. The final plat shall be prepared in accordance with the provisions of Chapter 177, Florida Statutes, as amended, and shall conform to the following additional requirements: 6. DEDICATIONS, CERTIFICATIONS AND APPROVALS. a. Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication,,~---' **'~,~,~ ,,,n,~,~,. All areas reserved for use by the residents of the subdivision shall be so dedicated. All areas reserved for public use, such as parks, rights- of-way for roads, streets or alleys, shall be so dedicated; easements for utilities, rights-of- way and easements for drainage purposes and any other areas, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. When the owner is a corporation, the dedication shall be signed on behalf of the corporation by the president or vice-president and the secretary or assistant secretary, respectively, as set forth in Sec. 1.D.6.b. d. City approval. The plat shall be reviewed for conformi _ty to Chapter 177, Florida Statutes, as amended, by a professional surveyor and mapper either employed by or under contract to the city, and evidence of this review shall be shown on the plat. The plat shall also contain the approval and signature block and date for the mayor and the dir-eetor-of de~4opme~ city engineer and with the acknowledgement and signature block of the city clerk. Certification of title. A title certificate shall be contained on the face of the first page of the plat. The title certificate shall state: (2) That all taxes have been paid on said lands as required by Section 197.192, Florida Statutes, as amended; and, Page 8 of 42 CODING: Words in sa4ke4hr~vgh type are deletions from existing law;] Words in underscore type are additions. S :\CA\Ordinances~LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc 13. PLANNED Lr!'~,~:T DEVELOPMENTS. All plats for planned 'm~2t developments shall corXain "PUD" vdtk2n tLe title, be identified as to the type of development being platted. All planned unit developments shall contain "P.U.D." within the title; all planned commercial developments shall contain "P.C.D." within the title; all planned industrial developments shall contain "P.I.D." within the title; or any combination thereof shall be identified within the title of the plat. Sec. 2. Submission of final plat. A. Upon completion of the foregoing requirements, six sets (6) copies of the final plat shall be submitted to the office of the,~,,~,,,,,'~;-~-+*- ,,,**' ,~,~ ,4 ...., ~--,v--~,~-~ ..... * city engineer and be accompanied by the following: 1.~,_.~:-*'+ ~vjrQx Four (4) sets of the construction plans approved for technical compliance and approved health department permits for sewer and water in accordance with city requirements; and 2. Surety guaranteeing that all work required that will not be constructed, owned and maintained in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat and approved construction plans; with all conditions attached thereto; and with Boynton Beach Land Development Regulations, provided that no surety is required for sewage collection and transmission systems, water distribution systems and transmissions systems which will be conveyed to the City upon completion of their construction. No ce~Scates of occupancy +mr it Page 9 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Chapter 7; and Surety shall be in substantially the form and mount delineated in 6. Supplementary material as required by the office of the directc, r cf fieve!cpmer2 city engineer, i.e. deeds, easements, etc., when access, drainage, or utility services cannot be accomplished through platted rights-of-way deeds or easements to accomplish access, drainage or utility service; and B. The,~.....,,..':"~-*~ ,..~r ..,~a .......,.~....,...~ ..... * ,~.~_~,q*,, engineer or his designee, shall examine the final plat as to its compliance with the constitution and statutes of the State of Florida and the ordinances of the City of Boynton Beach and shall in writing, within thirty (30) days, report his finding, recommendations or approval to the developer in writing. Reference shall be made to the specific article, section and paragraph with which the final plat does not comply. If deficiencies exist, they shall be corrected by the developer. If the final plat meets the provisions of this ordinance, and complies with the statutes of the State of Florida and the ordinances of the City of Boynton Beach, ,h~ ,~-~..,..~ ^,-.~ .... ~ ..... · ci_ty engineer shall submit the final plat to the ~ City Commission for ~v4ew and final plat approval. The City Commission may after its approval also require county approval prior to recording. Sec. 3. Final plat recording requirements. The fmal plat signed and sealed, reviewed by a professional surveyor and mapper, and signed by the mayor, the,~.,,.,~...'~;~^~ .,.^*' ,~., ~ .... · ,,--,v---~--~ ...... city engineer and acknowledged by the city clerk, shall be presented to the Palm Beach County Clerk (or county engineer if county approval is required) to complete the formal recording process. ARTICLE VI. - PREVIOUSLY PLATTED SUBDIVISIONS Sec. 4. Waiver. In portions of a subdivision which are not under the control or ownership of the developer, the -~*^~ --*' -~ .... ~ .....· ............... ~ ....... city engineer may waive the additional fight-of- way requirement set forth in paragraphs A through C of Section 3 hereinbefore, when it is shown to be impossible for the developer to acquire the required additional right-of-way. Page 10 of 42 CODING: Words in st~4eeqt,,~a~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc ARTICLE VII. - LAND DEVELOPMENT PERMIT A land development permit shall be required prior to commencement of construction of required improvements except as provided in Chapter 6, Article I, Sec. 2. The land development permit shall be issued by the director of development following consultation with the city engineer in conjunction with the approval of and agreement for construction of required improvements, and after formal approval of the final plat by the City Commission. ARTICLE I. IN GENERAL CHAPTER 6 REQUIRED IMPROVEMENTS 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. See. 3. Administration. For the purposes of coordinating, enforcing and administering this chapter the ,~,~,~,,~a~'"'~+~ ,.~c ,,,~a .... .,~-,-v---,~--~ ..... + 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. ARTICLE HI. - IDENTIFICATION OF REQUIRED IMPROVEMENTS 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 HI, Section A, paragraph la shall be approved by the dir-ee4or-of devetopme~ city engineer. Clear all rights-of-way and make all grades for streets, alleys, Page 11 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc 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 ~rect~,r cf deYe!c, pme:'X 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 ~recte, r of developmer~ 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. Sec. 11. Sidewalks. Sidewalks shall be constructed on both sides of all local and collector streets, and on one side of marginal access streets in all areas. They shall be constructed concurrent with building construction. A. Waiver. A required sidewalk may be waived by the teckm/c-d review committee city engineer in platted or unplatted subdivisions when it is determineM_ 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. Sec. 14. Street lighting. Street lighting is required on all public street rights-of-way. Apphcant is responsible for supplying and installing a system acceptable to Florida Power and Light Company and the '~*~ ~c ,~ .... ~ ...... ................ v ....... 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. Sec. 16. Traffic control devices. Page 12 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc 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 ,,c +h~ ~;--~-+^.- ^~ ~ .... ~ .....+ '~*,~ ~--ineer who Shall determine the traffic !igk~ control requirements. ARTICLE IV. - DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS Sec. 1. Access. 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 designee. On zero lot line comer ~otS, access points shall be located a minimum of twenty-five (25) feet from the intersection of the projection of fight-of-way Dines 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 providing 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 Page 13 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc 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 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 except I~...~1 ~.,~.~,~ : .... h.~..-l~.-1 ~-1~-.. te.~,~- ~.. ~ ..... 1~ .... 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. 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 five per cent (5%) or be less than (4~T- ..~..~,..r"'*"~'~*~'~,,,~.~ forty-hundredths per cent ~.t .,~n°/-~v, v~ (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. Sec. 3. Blocks Do Limitations and oppommities 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 th '~;~^~^*'-~ .... ~ .....* ity gin e .... ~,. .........w--~-~c en eer. Page 14 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR Changes\Exhibit B - Engineering Dept LDR Name Chg061902.doc Sec. 5. A. Drainage and storm water treatment DRAINAGE. 2. Components 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 '~*^~ ,,c a .... ~ .....~ · . ................ v ....... m_ty engmeer. 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. structures. Pipe shall be fitted with headwalls, endwalls, inlets and other appropriate 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 d/rector cf development city engineer. STORM WATER TREATEMENT 2. Components Page 15 of 42 CODING: Words in ............ r~- ,Jr,- are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesX,Exhibit B - Engineering Dept LDR Name Chg061902.doc c. Swales may be substituted for storm sewers to convey and collect surface waters. Minimum and maximum swale grades shall be '~,~-, ~-~*'~* w--~ ~,'~v-'~na .~.~,.~ .... ~,~,,~ _*'~* in accordance with city standards. Maximum swale grade is limited to that grade which will produce water velocities below the threshold of erosion. Maxim-mm swa!e o:a~ ~^~ :- 011~11~h~11 --fl+ll~' 9'[~ ~r ......... -,- -----, w-t~' ~-~- x 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 is shall be four to one (4:1). Maximum slope below this point shall be in accordance with city stormwater retention criteria and standards. 4. Alternate treatments. Alternate treatment methods or facilities which in the of the ............... ,~v ....... opinion '~*^~ ~*' ~ ....~ ......city engineer are equal or superior to the above requirements may be approved. Application 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. 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 ~ access far maintenance. 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 d/r-eet~ ~ city engineer or his 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 '~*^~ ~*' ~ ....~ ..... · city unless otherwise approved by the director of utilities and the ............... v ...... engineer. Where easement crossings occur, drainage easements shall take precedent. Sec. 10. Streets Page 16 of 42 CODING: Words in st~r~4ar~agh type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc C. STREET PAVEMENT WIDTHS. Street pavement widths shall be as f^,,!!c,-;rs: constructed in accordance with city standards. D. DEAD-END STREETS. Dead-end streets shall be --^~;~';*~a ..... * ~ ............................................... ~ ........ ~ ..... way ............. accord~ce with city st~dards. G. ALTERNATE TYPES OF PAVEMENT, BASE AND SUBGRADE. Altemate types of pavement, base and subgrade which, in the opinion of the &ir-ec4or-~ de'eeqopm~ 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. 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 shall not be less than ~ thirty-two hundredths per centt,,..,m ~o/_x,.~ (0.32%). and gutters section grades shall not be less than ta~eat-y twenty-four_ hundredths per cent ~,-"n.--'~°z~, ~ (0.24%) unless otherwise approved by the.~-"-~*^-~.~. ~.^c ....'~ .... - ~-'v~--..-~ ...... city engineer. Road drainage shall be shown on development plans by direction, percent of fall and with a centerline distance between control points, Page 17 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc 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 ed/t/on ofA. A.S.H.T.©. city standards. T. SIDEWALKS. Sidewalks shall be c .... {/{-~ ,e=.1. ..,-;,-1 .... ;t-1,,i. 1~.,~1 per foot. 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 Y. ALTERATIONS TO MEDIANS STR~mS.-I=. Whenever alterations of medians strips 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. Page 18 of 42 CODING: Words in sCF, il~-t/~vgh type are deletions fi.om existing law;] Words in underscore type are additions. S :\CA\Ordinances~LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc 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, includin lar properties that decrease of. 800 square feet on any a be submitted to the inspector prior to issuance of any Sec. 11. Street Hghting. 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 ~,2rector of development city engineer, a dangerous condition is created. Between intersections, streetlights 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. 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 including service lines to individual properties and main distribution feeder lines delivering power to local distribution system, 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 Page 19 of 42 CODING: Words in st6tee-hhawagh type are deletions from existing law;] Words in underscore type are additions. S :\CA\Ordinances~LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc 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 auth fit gulati T*--.~ ....... ~ ..*;1;+; ....... + ..... ;~ ;, O y's rules and re ons ....... ~, ........................ u ....... ................... .......... ., .... v-* J ..... The ................ v ...... c~_ty 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 furore 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: Sec. 15. Medians s~ps-and entranceways A. MEDIANS STP,~mS. Medians strips which 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 sa4p in a subdivision~ he may do so by placing grass and shrubs of small root structure within the medians rda4p under the right- of-way permit issued by the,~'~;~'~,~.,,~ ,,~c ,.,~'~ .... · ~-,-v-~-I ..... · ,~.~,, engineer ,~.,~ subm/s~izn and ARTICLE V. - CONSTRUCTION OF REQUIRED IMPROVEMENTS Sec. 2. Administration of construction. After issuance of a land development on~ permit by the director of development, a developer may construct the required improvements subject to obtaining all required ........... · ~c .... ,. ....~.~+;~. Construction shall be performed under the surveillance of, and shall at all times be subject to review by, the director of development and/or the city engineer or his their designee; however, this in no way shall relieve the Page 20 of 42 COD/NG: Words in s~ke +*',~,~..,,.~-1''' type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances~LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc developer and his 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 director of development and/or the city engineer or k2s their designee shall have the right to enter the property during the progress of construction. The developer's engineer shall submit construction progress prescribed by the ................ v ...... city engineer as reports at points of progress ' .~:~,~ ~c ~ ....~ .....· · · well as final certification of completion of required improvements. The developer's engineer shall coordinate joint reviews of construction with the,~,,,,~,,.'~;~*"~ ,,.~'~' ,~,, '~ .... · ~-,-v---,,--~ ..... * city engineer. T*,~ ,~;-~*~ ,-~' ,~ .... ~ .....* ' ' .................... v ......~ Clty 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. Sec. 3. Measurements and tests. The,~...~.,~,..'~:~*~ ,..~*' ,~.~ ~ ..... ,,.,.~,~..,,..~ ..... * city engineer may require, at his discretion, tests and measurements which he deems necessary. Sec. 4. Construction documents. A. PREPARATION & SUBMITTAL OF CONSTRUCTION DOCUMENTS. Upon approval of the master plan by the TRC City Commission, the developer shall prepare and submit to the ............... }, .............. city engineer, within six (6) months~,,.~.~:-*'* r~xw~ four (4) sets of signed and sealed construction pl ~.,a o;.. ~x o~+~ ~,',~.~-~ 1 g ith imbur abl fee d pt d by ans ~.,~ a on w a nonre s e as a o e resolution of thc 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 thc developer may submit construction plans ~,~d plat 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 thc TRC by application from thc developer and resubmittal. B. CONSTRUCTION PLANS 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: e. Construction details showing compliance with city standards, or alternate design as approved by the ~ectc. r cf develc, pmer~ city engineer. Page 21 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesLLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc 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 ~rectc, r cf deve!c, pmer2 city engineer may require additional design and construction as necessary to assure proper drainage and development of the area. C. APPROVAL OF CONSTRUCTION PLANS. The director cf ...... r .................. ........ c en neer or his des ee, shall review the construction plans as to their Conformity with tr'2s ordinance these land development regulations, and within twenty (20) working days from the date of the submittal of the plans, the.~.,,,,,,,.'~:~+^- -,~^*' .~'~'""". ~--v-~.---.+'"o ^*'~,,~.,~,, city engineer shall inform the developer's engineer that the plans do or do not meet the provisions of this ordinance. 1. When the,~...~,,.,,.~:-~+~- ~^~ de, vel,,v...,,...+'~o ,, ...,,,,^ *'a - ~ city engineer finds that the construction plans as~A~aed do not meet the provisions of this ordinance, the ............... v ........... r 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. ............... v ......................... c en eer determines that the construction plans meet the provisions of this ordinance, the ,~;~+^~^c~ .... ~ .....+city gin will dvi th d 1 ................ v ....... en eer soa se e eveoper. 3. When the ~;-~+~- ^r ~ .... , ..... + ~'~ city engineer determines that the construction plans are not acceptable, the developer and/or the developer's engineer will consult with the directcr cf develcpment ci_ty engineer to determine what changes are required. When the,~..,,,,~,,.'~;~+^~ ,,~^*' ,~,, -~ .... .,,~,,~,~..,,..,~ ..... + city engineer approves the construction plans, he 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 si~ (6) four (4) sets of construction plans, including water and sewer permits, at the time of submission of the final plat. Sec. 5. ................ r ....... om on o rovements. Page 22 of 42 CODING: Words in ............ c~ -.~v,- are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc In order to obtain final approval of required improvements ffc, m t~e d/rector of dev~4opmem, the developer shall submit the following documents to the city engineer for acceptance: Sec. 6. Time extensions. All required improvements shall be completed within twelve (12) months of the date of issuance of the land development order peimit. Time extensions may be considered by the City Commission upon recommendation by the director of development, in consultation with the city engineer, after the developer presents a written request for extension to the office of the director of development prior to the expiration of the permit. No time extension shall exceed one year. 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,~.'~,,,,~,,~ ,,~Ac .~,,~ .... v,,~,,v...,,..~ ..... · ci_ty engineer guaranteeing the required improvements that are dedicated to the public 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,,--~-~-,---w-~^~* ............ ~..,~,~ ~.~,..~-~ simultaneously with the satisfactory_ delivery of the ~ · ~-,---t---,~-,--~4^- documents required in Article V, Section 5 of this chapter. 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 resolution of the City Commission adopted when all improvements meet or exceed the standards set forth by this ordinance. The fiirectc, r cf de,a~rpm~ 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 subdivis:.c,n development, the dedications on the plat and the maintenance responsibilities of the required improvements identified thereon. Page 23 of 42 CODING: Words in st~ke t.*'~cugh type are deletions from existing law;l Words in underscore type are additions. S :\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc 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 owned and maintained 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 dl ...... ~' '~ .... ~ ..... · city manager to call upon the guarantees as outlined in Chapter 7, Article I, Section 2, paragraph D. ARTICLE VII. - SUBDIVISIONS CONTAINING ADJOINING WATERFRONT PROPERTY 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,~.'~^~,~,~.,,~ ,,~^*' ,.,, '~ .... · ,-~,~v--~,~--~ ..... * ci_ty 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. Sec. 6. Dedication. A. DRAINAGE EASEMENTS. Where, in the opinion of the d~eetor--~ ~ .... ~ ..... * city engineer, public rights for drainage purposes are necessary, an easement shall be dedicated to the city. 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 dixec-toe-of de~0~pme~ city engineer. Page 24 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesXLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc ARTICLE I. - IN GENERAL CHAPTER 7 SURETY Sec. 2. Applicability. C. Periodic reduction in surety. From time to time during progress of the work the developer may request that the ................ v ................................ ~ .............. c en neer reduce the do,ar ~o~t of the surety on ~e basis of work completed, but in eve~ case the remai~ng ~ds shall be sufficient to complete ~e obligation, h the case of s~ety for req~red improvements associated with sub~sion development, five (5) per cent of the en~neer's ce~ified cost ofreq~red ~provements shall be ret~ed for one (1) ye~ a~er accept~ce of such ~provemems by the City Commission as a gun,tee against defects in wor~anship ~d material. The final release in s~ety of the rem~n~ b~ce of the s~ety by leRer of credit or other insment, shall be approved b7 motion or resolution of the CiW Co~ission ~th ~e reco~endation by the appropriate dep~ent ~&or the city engineer. Sec. 3. Types of surety. LETTERS OF CREDIT 5. No letter of credit shall be deemed accepted by the city until accepted by motion or resolution of the City Commission following review and approval by the city attorney's office for legal sufficiency and by the finance department for the bank's rating. 6. Original letters of credit shall be maintained by the eity-ete~ finance department and shall be clearly identified as to the project or contract for which it is issued. CHAPTER 7.5 Page 25 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc ENVIRONMENTAL REGULATION ARTICLE II. - LANDSCAPE CODE Sec. 7. Performance surety. In the event that the landscaping requirements of this article have not been met at the time that certificate of occupancy could otherwise have been granted, and said permit or certificate is requested by the developer, the city may enter into an agreement approved by the city attorney with the owner or his agent that the provisions and requirements of this will be complied with. In that case the owner or his agent shall post a performance bond or other city-approved surety in an amount equal to one hundred and ten (I 10) per cent of the costs of materials, labor and other attendant costs incidental to the installation of the required landscaping based upon an estimate provided by a qualified landscaping contractor. The surety shall: City Commission as beneficiary. B. Be in a form satisfactory and acceptable to the city mmmge~ attorney and the finance director. C. Specify the time for the completion of the landscaping requirements of this article as determined by the city manager. CHAPTER 8 EXCAVATION AND FILL REGULATIONS ARTICLE III. - PERMITTING A. Permit application and review. Landowner or his agent shall secure a permit for work described in this chapter from the a:~,^~ ^c a .... ~ .....· ............... }, ...... city engineer as follows: Page 26 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc 2. Reviews. a. Commission review. (1) When required. The applicant must secure approval of the City Commission for all work which includes the moving of more than 1,000 cubic yards of materials beyond the project property lines. Exception: work associated with plat approval does not require second Commission approval; ,however a permit shall still be secured through the city engineer for the movement of stated materials. 3. Permit issuance. An excavating, filling and/or dredging permit or permit to construct within the public right-of-wayu.t~ ~ ~ l~,--lxmx~. ,,.*~,"1 .... · "~'tVl°'t't't"~'tx~l ..... * pem~ must shall be issued by theu. xJ.~,~vx~l:~/'~ ~J.~4~ ~,~'-1 ...., ~*Vl~*x~**~l ..... + city_ engineer prior to any work being performed. If the excavating, filling and/or dredging is a part of a land development permit application, then the permit shall be issued by the director of development prior to any work being performed. B. Permit fees. Fees for excavating, filling and/or dredging and for permits to construct within the public rights-of-way will be as established by the City Commission by resolution(s) from time to time, and '~;",,.~ "~ +*'~.~ ....... ~.,~,.,.,., ~ unless otherwise identified by separate resolution, the fees for excavating, filling and/or dredging as set forth under a land development permit application will be used. D. Exemptions. Single-family and duplex residential lots are hereby exempt from securing a separate permit pursuant to this Article. ARTICLE IV. - CONSTRUCTION A. Creation of water bodies. In instances involving the creation of water bodies as a result of excavating materials, work shall comply with the requirements of the water management district except the city may impose more stringent requirements when judged to be in the public interest. Those requirements include, but are not limited to, the planting of fifty (50) per cent of the lake perimeter with approved littoral and upland plantings. Page 27 of 42 CODING: Words in s~'~e .... +~11~ ~,vv~ are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc All water bodies such as lakes, canals, and other storm water detention areas used for storm water management shall be placed in water management tracts shown on recordable documents and dedicated to the entity responsible for their maintenance. All water management tracts shall be constructed in accordance with city standards. The ownership and maintenance responsibility for drainage facilities, including lakes, shall be clearly stated in documents recorded in the county clerk's records. Official copies of the recorded documents will be given to the city prior to issuance of a certificate of completion. B. Inspections and reports. 1. Inspections by city. In connection with the administration of this chapter, inspections shall be requested by the developer as prescribed by the director of development and/or the city engineer if the construction is part of a land development permit, or by the city engineer if the construction is for excavation, filling and/or dredging or for work within the public right-of-way, and will become a part of the fmal record of the project for which the permit is applicable. C. Stoppage of work. Failure to comply with the plans of record shall result in an order to stop work from either the director of development or the city engineer or his their designee. Sec. 3. CHAPTER 10 TELECOMMUNICATION TOWERS AND ANTENNAS Telecommunications Towers. Minimum standards. 18. Inspections. Page 28 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc a. Telecommunication tower owner's shall submit a report to the city building division, department of development, certifying structural and electrical integrity on the following schedule: (1) Monopole towers - once every five (5) years; (2) Self-support/lattice towers once every two (2) years; and (3) Guyed towers - once every two (2) years. b. Inspections shall be conducted by a Florida registered engineer. The results of such inspections shall be provided to the building division, department of development. Based upon the results of an inspection, the Building Official may require repair or removal of a telecommunication tower. c. Should the building division, department of development, have reason to believe a telecommunications tower site is not in compliance with applicable building and electrical codes, the city may conduct periodic inspections of the site to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by the city to have more frequent inspections should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. The city reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. 6. 19. Telecommunications towers are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed tower includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasohne, natural gas, and corrosive or dangerous chemical purposes, unless the city fire marshal determines that the proximity of a telecommunications tower does not pose any danger or risk of explosion or fire or unless used for backup power purposes. g. 20. Fees and charges. Public land or right-of-way lease agreements shall be established by separate instrument. g. 21. Additional uses permitted on lot. Communication towers may be located on lots containing another principal use. Separation between communication towers and other uses on the lot may be required to ensure compatibility. Towers may occupy a leased parcel on a lot that meets the minimum lot size requirement of the zoning district in which it is located. For lease parcels not meeting the minimum lot size requirement, the city shall require the execution of a unity of title, unity of control, or other documentation as determined appropriate by the City Attorney. Page 29 of 42 CODING: Words in c,t~lee-tta~u~ type are deletions from existing law;l Words in underscore type are additions. S :\CA\Ordinances\LDR Changes\Exhibit B - Engineering Dept LDR Name Chg061902.doc CHAPTER 21 SIGNS ARTICLE II. - VARIANCES/EXEMPTIONS AND PROHIBILITIONS Sec. 1. Variances. After denial of a sign permit by the development department, a request for variance may be filed with the ~'^"~uw.~ v~ ~v.~..~; ....... ,~vv.....~.~ City_ Commission pursuant to Chapter 1, Article VII, Sec. 1.D.2. of these regulations. The beard,,~e ~....;....,~.~, ....... ,~vv.~,-~,~ Ci_ty Commission may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The *'~'~-'-~'~ ~-~*~ -~--~'; .... ....... ~ ,~vv.~,~.~.~ City Commission may only grant a variance to: A. Allow a setback less that that required under the chapter; B. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or this code. Allow the number of signs to be increased over the maximum allowed by No variances may be granted to signs expressly prohibited by this chapter. CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I. - IN GENERAL Sec. 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated · '" a nume~-a~ .... '~--* *'-~;~ in accordance with city standards. Such designation shall be vested in the director of development who may shall also maintain the city's master land file and allocate secondary street designations at his discretion. Page 30 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S :\CA\OrdinancesXLDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Sec. 5. Sidewalks, when required. A. Waiver. Upon the recommendation of the,~.'~:-'~-'*~-',,,,~,,. ,,.'-r ,~,,'~ .... · ,,.,,v...,,.~ ..... * city engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where the sidewalk requirement would not be compatible or in harmony with adjacent nearby properties previously developed without sidewalks. An application fee~ as adopted by resolution of the City Commission, shall accompany applications for waiver of this section. ARTICLE II. - CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards. All work performed in public or private rights-of-way shall conform with the current Department of Engineering Design Criteria and Standards Handbook Sec. 2. Application required; contents. An applicant for the permit required by Section 7 hereunder shall file with the ~*~ ^*"~ .... ~ ..... * 'q*,, engineer an application showing: A. Name and address of the owner, or agent in charge, of the property abutting the proposed work area; B. Name and address of the party doing the work; C. Location of the work area; D. Attached plans, or sketch, showing details of the proposed work; E. Estimated cost of the work; F. Such other information as the '~*^~ ^c .~ .... ~ ..... ................ ~, ....... city engineer shall find reasonably necessary to determine if a permit should be issued hereunder. Sec. 3. Permit fees. Page 31 of 42 CODING: Words in s,~c~hha, ough type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc Fees for work within public rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each curb, sidewalk, curb-cut, driveway or street to be altered. ~ A r~, ~ ........ Sec. 4. Permit issuance. Th~ .~:~,^~ ^r .~ .... ~ .....* city engineer shall issue a permit hereunder when it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications of the city for public work of like character. C. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. impaired. That the health, welfare and safety of the public will not be unreasonably Sec. Inspection, approval. A. A person doing work under this article, or his agent, shall call for inspection ;~ "~*;~ ........... g a minimum of forty-eight (48) hours prior to starting work. The · ~,~,~,-,~;~'^~ ~^*' ~.~'~ .... · ,~--,v-~,~--~ ..... ~ city engineer and/or his designee shall designate the day and hour that the inspection is to be performed, and an inspector shall be present at the commencement of the operation so as to review work in progress. Upon completion of streets, sidewalks or other public ways, approval shall be required prior to release of bond surety. B. In the event it should be necessary to have the services of a Florida registered engineer for any inspection, or technical approvals are deemed necessary by the..~.~.~,.~'~:~*--~ ,.~^c .~-~ .... · ~-,v~~ ..... * city engineer, such expenses shall be bome by the applicant. Sec. 6. Surety. ............... }. ..... :t ci_ty engineer shall have the authority to require the applicant to provide adequate surety to protect and save harmless the city from all claims Page 32 of 42 CODING: Words in sl~2k~,Jarq~g~ type are deletions from existing law;] Words in underscore type are additions. S :\CA\Ordinances\LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc for damages or injury to other persons by reason of work under his permit. Such surety shall be equal to one hundred ten per cent (110%) of the estimated value of the project. Sec. 7. Work within rights-of-way. A. Permit required; scope. No person shall begin to construct, reconstruct, repair, alter or grade in or upon any area of public or private rights-of-way in the city without first obtaining a permit as provided in this section. The permit shall entitle the applicant to work in a maximum of one thousand six hundred (1,600) lineal feet of right-of-way. A separate permit must be obtained for each additional one thousand six hundred (1,600) lineal feet of work. Where the work is continuous, restoration must be completed on the first permit before a third permit may be issued. At no time shall more than two (2) permits be issued for one location. For proiects that consist of directional bore condtfit~ °nly, the city engineer or his designee, may approve a permit exceeding a total length of three thousand tWo hundred (3,200) lineal feet as one permit of work. The permit shall be in the cuStody of the foreman or his designated representative at the work site. B. Permit Application. An applicant for the permit required under this section hereunder shall file with the..~,~.,~'~^~ ..~--c ...,'~ .... · ,~-,v~,~~ ..... * city_ engineer an application showing the following: 1. Name and address of the contractor performing the work. Name and address of the per-son owner or company for whom the work is being performed, and the property abutting the proposed work area. 3. Location of the work area. 4. Attached plans, or sketch, showing details of the proposed work. 5. Estimated cost of the work. 6. Such other information as the city engineer shall find reasonably necessary_ to determine if a permit should be issued hereunder. D. Permit Issuance. The director of development city engineer or his designee shall issue a permit hereunder when h~omds4am the work complies with the provisions of this Code of Ordinances and Land Development Regulations. Page 33 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc F. Safety precautions. Devices used to safeguard job site and all traffic control devices and techniques shall conform to the current standards set forth in the t~avtme~ Transportation Standard Specifications for Road & Bridge Construction, Florida Department of Transportation Standard Index, Manual of Uniform Traffic Control Devices (MUTCD), and all applicable federal, state and local regulations. G. Backfilling. When it is necessary to cut pavement, the trench ~ ...... · ~ ~ ..... , ....~.~,, ~^.v ~on ~ backfilled in accordance with current city standard drawing(s) and specification(s). I. Guarantee of pavement. All pavement replacement work within rights-of- way shall be guaranteed by the contractor for one year, and any failure or problems developing due to the construction or reconstruction of the pavement will be the responsibility of the contractor, to be repaired by him as directed by the dir-eemr--of de'eetopme~ city engineer or his designee, at no cost to the city. K. Replacement of sidewalks, curbs and driveways. Sidewalks, curbs, gutters and driveways, if removed for construction, shall be replaced in accordance with current city standards and specifications, and no pavement shall be placed without prior inspection of forms and excavation by the.~....~.,.'~;-~*~- .,~^*'..~ -~ .... · ~-~v~' ...... city engineer or his designee. L. Compacting surrounding area. All backfilled areas within six~..~t~ eight (8) feet of pavement shall be compacted/stabilized to meet a m/nimrum Flc.~a 8oH Bea:/ng Vah.e.~ ,,~r~n.,,, ~°.~..~.~ t current city standards. Planting in swales and rights-of-way. Page 34 of 42 CODING: Words in sta4k~4,mmgh type are deletions from existing law;] Words in underscore type are additions. S :\CA\OrdinancesXLDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Layout with respect to plant material, location and size at maturity must be acceptable to both the city forester and the..~..~.~..~ ~ ....... ..~*' ,~.~ ~ ......~..~.~...~.~ ...... city engineer, and; ARTICLE HI. - STREET AND EASEMENT ABANDONMENT Sec. 2. Application/submission. All requests for vacation and/or abandonment of city streets, alleys, special purpose easements and other nonfee interests which the city may have in real property shall be made in writing and executed in ~ptieam duplicate by the party or parties requesting the same. The application Shall be filed with the ~ planning and zoning division of the development department and shall include, but not be limited to, the following: A. The name and address of the applicant or applicants. B. A complete and accurate legal description of the street, alley, special purpose easement or other nonfee interest of the city or any portion thereof sought to be abandoned or vacated. ~Xzher~possib~, T~he legal description shall be accompanied by a plat, map or drawing showing the general area involved and the location of the specific property interest to be abandoned or vacated. C. Whether title or interest of the city and the public in and to the property sought to be abandoned or vacated was acquired by deed, dedication or prescription, and if recorded in the public records, the book and page number thereof. D. The reason for the request of the abandonment or vacation. Eo property. The names and addresses of the owners and occupants of abutting real F. Certification that the property was not acquired or dedicated for state or federal highway purposes and will not adversely affect other property owners or unreasonably limit access to their property. G. Written Yverification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting their interests. Page 35 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S :\CA\OrdinancesXLDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc H. Notarized certificate by the applicant that the application and accompanying material are true and correct. I. Such other relevant information as the city may require including, but not limited to, an ownership and encumbrance report from a title company. Sec. 3. Application fee. A. Each application filed with the e4W-eter-g planning and zoning division, other than an application initiated by motion of the City Commission, shall be accompanied by payment of a fee as adopted by resolution of the City Commission covering the cost of administrative review, site analysis and investigation and publication. B. Upon the application being properly submitted, it shall be accepted and filed by the clerk planning and zoning division, who shall give a receipt to the applicant for the fee paid. Sec. 4. Processing of application. Page 36 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinancesLLDR ChangesX,Exhibit B - Engineering Dept LDR Name Chg061902.doc Determination of completeness. Within two (2) business days (after the date of filing) of receiving application and documentation for the abandonment, the planning and zoning division shall inform the applicant of completeness of the application and the schedule according to which the application will be processed. The planning and zoning division may reject the application if a similar application has been considered at any time within six (6) months of the date the later application is submitted. Upon proper submittal, the planning and zoning division shall proceed as follows: 1. Provide the city engineer, director of planning and zoning, director of utilities, fire chief, police chief and director of public works with a copy of the application and request their review and recommendations within twenty (20) calendar days. 2. Notify the general .public by publishing notice in a newspaper of general circulation in the city, of the time and place of public hearings on the proposed ordinance at least fifteen days prior to the first public hearing. 3. Transmit the documents with the staff comments to the planning and development board or community redevelopment agency board for review at the next available meeting. 4. Provide notification of the board's and City Commission's public hearings by regular mail to the following: Owners and occupants of all abutting property; and Each and every public utility. Page 37 of 42 CODING: Words in ~ type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances\LDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc Action by the boards. The planning and development board or community redevelopment agency board shall consider the reports and recommendations on applications for abandonments or vacations and shall, after public hearing and due consideration, either accept, modify, or deny the recommendations in accordance with the best interests of the public welfare. C. Action by the City Commission. Board decisions on abandonments must be ratified by the City Commission in accordance with the provisions in Chapter 1.5 Sec. 4.3, C. Abandonments shall be approved by ordinance, resolution, record plat or other methods adopted by the City Commission. ARTICLE I. IN GENERAL CHAPTER 23 PARKING LOTS Sec. 4. Minimum standards. All areas proposed for parking or storage including those instances exempted in Section 3 hereinbefore shall be improved to provide a hard, dust-free surface~,~,~,~v~,~'n~'~ · ^ ,~ .~^~ ~.c~ .... ~ ..... ~ in accordance with city standards. Sec. 5. Permitting A. When required. A permit shall be secured from the director of development following consultation with the city engineer prior to the construction of any parking lot. The issuance of a permit shall not relieve any party from obtaining the necessary permits which may be required by the various state, federal or local government agencies which have jurisdiction over the proposed construction, including, but not limited to, permits for paving and drainage, lighting and irrigation. Final inspections of the parking lot for compliance with this chapter and other city code requirements and standards are required prior to the issuance of a certificate of occupancy. Sec. 6. Non-compliance Page 38 of 42 CODING: Words in stdtra~y.m~gh type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ordinances~LDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc A. Stoppage of work. Failure to comply with the plans of record or other city ordinances shall result in an order to stop work from the development director or his designee. Damage to public property resulting from work performed may result in a stop work order if a threat exists to the health and safety of the public. ARTICLE II. - REQUIRED IMPROVEMENTS. A. Hlumination 1. General a. Lighting design. A minimum average light level of one (1) foot candle shall be provided, with no more than ten (10) per cent of the spot readings below one (1) foot candle and not below one-half (1/2) foot candle. Fixtures shall be an energy efficient type automatically controlled by photoelectric switch or other device acceptable to the director of development and are to remain on from dusk to one (1) hour after closing or 2 A.M., whichever is later. Submit documents showing, at a minimum, pole locations and details; fixture types and sizes; light contours depicting anticipated levels of illumination (in foot candles) at roadway surface; certification of compliance with the latest edition of the Florida ......... Bmldlng Code and capacity to withstand a TM a 140 m.p.h, wind load; and proposed conduit routing. C. Landscaping. Each parking lot shall be landscaped consistent with Chapter 7.5, Article II, Landscape Code, or in the instance of the central business district, Cehapter 7.5, Article HI, Landscape Code. D. Irrigation. All landscaped areas within parking lots shall have an automatic im[gation system, approved and permitted through the development department. Eack~ E. Curbs and car stops. No more than two (2) aisles may be traversed without interruption which shall be accomplished by the installation of wheel stops or a raised, continuous curb. Landscape areas in parking lots shall be protected from the Page 39 of 42 CODING: Words in c,~leeqla~ type are deletions from existing law;] Words in underscore type are additions. S :\CA\OrdinanceskLDR ChangeskExhibit B - Engineering Dept LDR Name Chg061902.doc encroachment of vehicles by a continuous, raised curb, or in the instance of a parking stall, by a wheel stop or a raised continuous curb. Areas to be protected include all landscaped islands, landscaping adjacent to parking stalls and landscaping adjacent to curvilinear driveways where encroachment is likely to occur. Curb shall extend six (6) inches above pavement and shall comply with city standards utilizing a minimum of twenty-five hundred (2500) psi concrete. F. Drainage. Storm water shall be contained on site. Containment capacity shall be ~ designed for a minimum of two and one-half (2.5) inches of rainfall in one (1) hour. Drainage structures and fr~aob-deaie~ exfiltration trenches shall comply with minimum city standards or standards of the South Florida Water Management District. Catch basins shall be located in grassy areas unless otherwise approved by the dire-mr-of ah~vetopm~ city engineer. Where appropriate, all drainage structures shall have sediment settling basins that can be cleaned regularly of deposits by typical means. For impervious areas exceeding twenty-five thousand (25,000) square feet, the parking lot and facilities shall be designed and certified by a Florida registered engineer. Maximum storage capacity of soil shall be considered at the rate of one (1) inch of water for each six (6) inches of soil above the water table: Drainage calculations are required in all instances. The hydraulic conductivity of soil shall be determined with tests made at the site using test procedures recommended by the South Florida Water Management District or other procedures which have been approved by the~-~:~'^-~,~,,~ ,,~^c ,~ .... · ~v.u,~..,~ ..... + city engineer. H. Driveway 1. Width. Parking lot driveways shall be a minimum width of twelve (12) feet for one-way drives and twenty-five (205) feet for two-way drives, at the right- of-way line. Maximum width of any drive at the right-of-way line shall be +~:"~'~....,.~ ~'-~^~.~,~ (-3-2-) thirty-six (36) feet, unless otherwise approved by the ~:-~*^~ ^c ~ ....~ .....* city engineer. 2. Drive radii. Each parking lot driveway shall have a radius at the intersection of the vehicular traffic lanes of twenty-five (25) feet or as otherwise approved by the ............... ~ .... nt city engineer. 6. Intersections with county and state roads. Driveways which intersect streets owned and maintained by a governing body other than Boynton Beach must be permitted by the proper govermng agency, prior to o"*'~ ~ ~-~ r^~ issuance of a building permit. Page 40 of 42 CODING: Words in sa4tz~hhr~l~h type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceshLDR Changes~Exhibit B - Engineering Dept LDR Name Chg061902.doc Parking Lot Layout 2. Access. Each parking lot or parking stall shall have sufficient access from a street, alley or other public or private way. Maneuvering and access areas shall be of sufficient size to permit vehicles to enter and exit the parking lot and parking stalls in a safe and efficient manner. In no instance shall parking lots be designed to allow vehicles to back out into any public alley or road fights-of-way, or segments of private streets which function as local or collector streets. All angle parking shall have a minimum back-up distance of twenty (20) feet between the parking stall and.the abutting aisleway in accordance with current city standards. M. Fire lanes. All shopping centers, retail office complexes and retail establishments including commercial establishments and industrial areas, in which the gross floor area of all buildings is fifteen thousand (15,000) square feet or greater shall have fire lanes along the front of all buildings which shall allow efficient access to the fronts of buildings by fire protection vehicles. Fire lanes shall have a minimum pavement width of twenty-two (22) feet. Fire lanes shall not be encumbered by parked vehicles, and shall not be used for a loading or unloading of commercial vehicles. Additionally, fire lanes shall be clearly marked with signs and striping or a combination of both, which shall comply with Article II, Section B.2. of this chapter. P. Sidewalks. Street .:A .....11~o 0~: .... + +~ -"~;-" ~+~ Sidewalks shall be ~^-+: ....... six (6) inches thick through all driveways; skall ~'~ .;v ~,:~ :-~.o. ,~:~v ..a,,,;. ~ and shall meet handicap code requirements where applicable. . ng o avement, x wJ ........................... a ~vv .... ~; ....... ;+~ ~ ~ ~ m .+..~..a. Refer to city st~dards for specific req~ements. Page 41 of 42 CODING: Words in maqke-t3~m,agh type are deletions from existing law;] Words in underscore type are additions. S:\CA\Ord/nances\LDR ChangesXExhibit B - Engineering Dept LDR Name Chg061902.doc Other types of construction that may be ~ utilized are portland cement concrete, paving blocks, and stabilized sod sub'ect to the a royal of the c_q~y e_p_gineer. kin lots sub'ect ~ent~ S~~' .~wa twelve (12D__~o~ o: th' .--rive o> ,u,~, .... : · ~ ~ '~ ~h,~ll ,,rovide a marKea, t~w~v* ..... ~utt,~,, ...... :- · .... material~ ~he ~r distn'bution ot matenatu. H:k1990~900182.BB\ORDkExhibit B - Engineering Dept LDK Name Chg.doc Page 42 of 42 CODING: Words in s*~dhr-oagh type are deletions from existing law;] Words in underscore type are additions. S:\CA\OrdinanceskLDK ChangeskExhibit B - Engineering Dept LDK Name Chg061902.doc