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03-018 ORDINANCE NO. 03- 0/~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES, ENTITLED, "LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR THE CITY ENGINEER TO TAKE ACTION WITH RESPECT TO TECHNICAL SERVICES PROVIDED BY THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO; AND AMENDING PART III TO PROVIDE FOR THE DELETION OF OBSOLETE LANGUAGE, AND CLARIFICATION OF EXISTING PROVISIONS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO INCLUDING PROVISIONS RELATING TO OFF STREET PARKING, PLATTING OF PROPERTY, LAND DEVELOPMENT PERMITS, LANDSCAPING AND TECHNICAL SERVICES TO BE PROVIDED BY THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS AND THE PROCESSING OF APPLICATIONS FOR PERMITS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission for the City Of Boynton Beach, Florida ("City Commission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and consolidated 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 WHEREAS, the City Commission revised and consolidated the City's Land Development Regulations ("LDR's") into 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 Ordinances of the City Of Boynton Beach, Florida; and S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf WHEREAS, 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 iissuance of permits, signed statements, and permit approval are issued, signed and approved by the Development Director; and WHEREAS, the City Commission, in conjunction with the City Administration, created the Department of Engineering, effective October 1, 1999, to be headed by an Engineering Director; and WHEREAS, the City Commission, in conjunction with the City Administration, realigned the Department of Engineering into being the Engineering Division of the Department of Public Works, effective October 1, 2002, to be headed by the City Engineer; and WHEREAS, the City Commission adopted Ordinance Number 02-033 on August 20, 2002, that revised numerous requirements of the LDR's as they then existed, requiring certain approvals, determinations, and directives, associated with technical services, to be issued by the City Engineer; and WHEREAS, other requirements of the LDR's as they currently exists, require certain approvals, determinations, and directives, associated with technical services, to be also issued by the City Engineer. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. That Part III, entitled "Land Development Regulations" of the Code of Ordinances of the City Of Boynton Beach, Florida, be, and the same is hereby amended to S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf ,, I provide that the title, "City Engineer" shall be inserted throughout Part III as indicated in Exhibit "A" which is attached hereto, and incorporated herein by reference. Section 2. That Part III, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended so as to designate that actions associated with technical services provided by the Engineering Division of the Department of Public Works, shall be performed by the City Engineer and not the Development Director as indicated in Exhibit "A" 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, be, and the same is hereby amended to provide for the deletion of obsolete language, clarification of provisions, renumbering, and relettering of Part III, "Land Development Regulations" of the City Of Boynton Beach Code of Ordinances, as indicated in Exhibit "A" which is attached hereto and incorporated herein by reference. Section 4. Each and every other provision of the Land Development Regulations of the Code of Ordinances of the City Of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. Should any section of any provision of this Ordinance or portion hereof, any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby granted to codify this Ordinance. Section 8. This Ordinance shall become effective immediately upon passage. S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf FIRST READING is hereby approved by the City Commission of the City Of Boynton Beach on First Reading this :~ c~ day of ~,6( .~j ,2003. APPROVED BY THE CITY OF BOYNTON BEACH CITY COMMISSION at Second Final Reading and Passage this ~ day of ~Lkl~t~, 2003. Commissioner ATTEST: S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf EXHIBIT "A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III CHAPTER 1 GENERAL PROVISIONS ARTICLE II - DEFINITIONS LAND DEVELOPMENT PERMIT - A permit issued by the~.-,~,~.,,.r~;~*~ ,,.Ar ~,,~r~ .... · '""V'--'""~ ..... * City_ Engineer prior to commencement of construction of required improvements after final record plat approval by the City. CHAPTER 2 ZONING Sec. 11. Supplemental regulations. H. PROVISION OF OFF-STREET PARKING SPACES. 2. For all required residential district parking spaces not within an enclosed garage, the first ng space shall be a the minimum of ....... '-';~ ~-'~ ~ the cu~ent city st~dmd for a h~dicap space exclusive of public or private fi~t-of- way. All other spaces where multiple vehicle parking is required shall be a minimum cf nine ~) ............. ~ ...... t. o~ ........ 6 provided in accord~ce with cu~ent c st~dards exclusive of public or private right-of-way. All spaces, regardless of size, must comply with all provisions of the Land Development Regulations, and shall be maintained and drained so as to prevent nuisance or d~ger to the public angor adjacent prope~y owners. S :\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE PRODUCTS. 3.d. Driveways (1) No driveway shall be located less than c, ne u..~.~,~ ~ ~ ~ m r~, those distances delineated in Chapter 6, Article IV, Section 1 (Access) or as delineated in Chapter 23, Article II, Section H.3., from the intersecting right-of-way lines of public streets. CHAPTER 5 PLATTING ARTICLE V. - PLAT PREPARATION AND APPROVAL Sec. 1. Preparation of final plat. To obtain approval for a subdivision in thc City Of Boynton Beach, thc developer shall submit both a preliminary and a final plat to the city engineer, shall notify the planning and zoning director, and shall post surety as outlined in Section 2, paragraph A2, and Chapter 7, Article 1, Section 3, may payable to the City O£ 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. The preliminary plat shall meet the requirements of the final plat, except that it shall bc submitted without the required signatures and seals. In may also be submitted without maintenance and use covenants, condominium documents, deeds, or other legal documents not related to the survey or engineering design of the proicct. No improvements, including streets, drainage and the like, shall be accepted and maintained by thc city unless and until the final plat has been approved by a professional survey and mapper, and the city engineer, as well as the City Commission; duly recorded; and all required improvements are completed, both public and private. D. 7. SURVEY DATA. The final plat shall show the length of all arcs together with central angles, radii, and points of curvature including, but not limited to, block comer radii. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement and all other areas shown on the plat and all areas shall be within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include: S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf a. The scale, both stated and graphically illustrated, shall be shown on each sheet. b. A prominent north arrow shall be drawn on every sheet included showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend. ac__:. The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters. d. All intersecting street lines shall be joined to form required safe sight comers pursuant to city standards, and all dimensions shall be shown. e. All adjoining property shall be identified by a subdivision name, plat book and page or, if unplatted, the land shall be so designated. f. Permanent reference monuments shall be shown in the manner prescribed by Chapter 177, Fla. Stat., as amended. All information pertaining to the location of"P.R.M.s" shall be indicated in note form on the plat. Permanent Control Points and Permanent Reference Monuments shall be designed and set as prescribed by Chapter 177, Fla. Stat., as amended. b:.&. Reserve on each sheet of the plat a three by five (3 x 5) inch space in the upper right-hand comer to be used by the clerk of the circuit court for recording information. e:.h_. The map shall mathematically close within one hundredth (.01) feet and shall be accurately tied to all township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter section comer, section comer or government comer. i. The initial point in the description shall be accurately tied to the nearest quarter- section comer or government comer. Each government comer being used shall be identified. If the subdivision being platted is a re-subdivision of a previously recorded subdivision, then a tie to a Permanent Reference Monument from the parent plat is sufficient. If the subdivision is a re- subdivision of a part of a previously recorded subdivision, sufficient ties to controlling lines appearing on the parent plat must be provided to permit an overlay. The position and orientation of the plat shall conform to the Florida State Plan Coordinate System in the manner established by the City Engineer and prescribed in the Engineering Division's Design Handbook and associated forms. d:.i. The cover sheet or first page of the plat shall show a vicinity sketch, showing the subdivision's location in reference to other areas of the city. k. A complete legend of abbreviations shall be shown. 1. All lettering on the plat shall be at a minimum 0.10 of an inch in height. S:\CA\OrdinancesSLDR Changes\draft LDR Ord 050803.rtf m. The plat boundary and all parcels shown on subdivision plats intended to be conveyed in fee title shall be delineated by solid lines. n. Lines intersecting curves shall be noted as radial or non-radial as the case may be. o. A note addressing any abandoned underlying lands or easements, including record information, shall be shown. p. Tabulation of Survey Data: (1) The use of tangent tables is not permitted. However, at the discretion of the City Engineer on a case by case basis, the use of a tangent table to reflect comer clip (safe sight) chords may be permitted if deemed necessary to meet requirements of neatness and clarity of the plat. Scale factors shall not be considered. Such tables, when permitted, must appear on the map sheet to which they refer and tangents shall be numbered consecutively through the entire presentation. (2) Curve data may be tabulated subject to the following conditions or exceptions: (a) External boundary or centerline curve data may not be tabulated. (b) Where data is tabulated, a minimum of the arc length and the curve designation number or letter will be shown on the site. (c) Curve tables reflecting the tabulated data will appear on the map sheet on which the curves appear. D. 7.5 LOT AND BLOCK IDENTIFICATION. Each lot and block shall be numbered or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block. Blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision. 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 a;~,^~ ................ ~' ....... , .......... o ........................ city engineer, in conjunction with approval of and agreement for construction of required improvements, and after formal approval of the final plat by the City Commission. The effective date of the land development permit shall be the date the city engineer signs it. The land development permit shall expire not more than twelve (12) months from the effective date, unless extended by the city engineer. As a final step in the review procedures to obtain development approval under this article, the developer shall have prepared and shall submit, prior to expiration of the technical compliance, a request for the land development permit. The application for the land development permit shall be accompanied by the required fee and the S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf required number, as determined by the city engineer, of the following documents applicable to the subdivision or approved phase thereof: A. FINAL PLAT. Developments which are platting shall submit the final plat complying with Article V of this Chapter, and a check for the plat recordation, payable to the Clerk of the Circuit Court of Palm Beach County, in the required amount. B. CERTIFIED SURVEY. Developments for which the requirement to plat has been waived pursuant to this Chapter shall submit a check payable to the Clerk of the Circuit Court of Palm Beach County for the recordation of the survey. When construction plans are not required, the certified survey may be recorded without further review, provided, however, that the city engineer shall review any documents submitted in compliance with paragraph "C" below. C. MAINTENANCE AND USE DOCUMENTS AND OTHER DOCUMENTS. A copy of the maintenance and use covenants and any other documents required by the city engineer as a condition of Technical Compliance shall be submitted. The maintenance and use covenants shall include the maintenance responsibility for all common areas and improvements within the subdivision, and shall comply with all applicable requirements, D. CONSTRUCTION PLANS AND SUPPLEMENTAL ENGINEERING INFORMATION. Construction plans shall conform with the plans which received Technical Compliance or, if modified, shall be accompanied by a written statement from the Developer's engineer which details, explains, and justifies the modifications. Construction plans shall comply with the requirements of Chapter 6 and, prior to issuance of a land development permit. shall have received all applicable approvals of requisite governmental agencies. E. DEVELOPER'S ACKNOWLEDGEMENT OF RESPONSIBILITY FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS. The request shall indicate whether the required improvements are to be constructed prior to recordation or after recordation of the plat or survey. When the required improvements are to be constructed after recordation, the Developer shall submit a statement acknowledging responsibility for completion of said required improvements. The statement shall be in the form contained in the latest version of Engineering Division's Design Handbook, and shall be executed by all owners shown on the applicable final plat. The statement shall be accompanied by a guarantee for completion of required improvements, pursuant to Chapter 6. Said guarantee shall meet the applicable requirements of paragraph "F" below. F. GUARANTEES. All guarantees required pursuant to Chapter 6 shall be in one of the forms prescribed in the Engineering Division's Design Handbook or in an alternate form approved by the city attorney. The initial guarantee shall be in an amount equal to one hundred ten (110) percent of the construction cost of the required improvements. The guarantee, shall be in one of the following types: S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf 1. Cash Bond. Completion of the required improvements may be secured by cash deposited by the developer with the city or in an account subject to the control of the city in accordance with an agreement on such deposit or account. The developer shall be entitled to receive any interest eamed on such deposit or account. 2. Letter of Credit. Completion of the required improvements may be secured by a clean irrevocable letter of credit issued to the city in accordance with the city letter of credit policy. The expiration date of the letter of credit shall be at least three (3) months after the completion date for construction of the required improvements pursuant to the initial land development permit of any subsequent extension thereto. 3. Performance or surety bond. Completion of the required improvements may be secured by a performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. It shall guarantee that all work will be completed in full accordance with the approved land development permit. 4. Escrow deposit. Completion of the required improvements may be secured by an executed escrow agreement, between the Developer, a bank approved by the city, and the city as the third party beneficiary. The escrow agreement shall require that release of the funds, or any part thereof, shall be subject to city approval. Chapter 6 REQUIRED IMPROVEMENTS ARTICLE W. - DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS 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-eights (3/8) inch per foot traversed slope. The alley grade shall not exceed ~ two and four-tenths percent ($ 2.40 %) or be less than forty-hundredths percent (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. ARTICLE V. - CONSTRUCTION OF REQUIRED IMPROVEMENTS S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf Sec. 2 Administration of construction. After issuance of a land development permit by the.._.~.~,~.~:~'^~ ,~.^r ...~ .... · .~...v.-,-.: ..... * city engineer, a developer may construct the required improvements subject to obtaining all required pe~its. Construction shall be perfo~ed under the s~eill~ce of, ~d shall at all times be subject to review by, the director~c ~ .... · ~r-.~-~ ..... * ~-~/~. ~..~ city engineer or ~ his desi~ee; however, this in no way shall relieve the developer and his or her Florida-registered engineer of the responsibility for administration, coordination and final compli~ce with the approved plus, specifications, law, etc. The ~;~+~ ~c~ .... ~ .....* ~/~ +~ ity gi ................ ~ .................c en neer or ~ his desi~ee shall have the right to enter the prope~y during the pro~ess of construction. The developer's engineer shall submit construction pro~ess repo~s at points of pro~ess preschbed by the city engineer, as well as final ce~ification of completion of required improvements. The developer's engineer shall coordinate joint reviews of construction with the city engineer or his desi~ee. The city engineer, or his ~ desi~ee, shall have the authority to stop work upon failure of the developer or his engineer to administer an~or coordinate the construction of the required improvements as prescribed by this ordinance. Sec. 6. Time Extensions. Ail required improvements shall be completed within ~ twelve (12) months of the date of issuance of the land development permit. Time extensions may be considered by the City Commission upon recommendation by the a;~+^~ ^c ~ .... ~ ..... + ;~ consultation '::;.th the city engineer, after the developer presents a written request for extension to the ^cc.~ ^c+,.~ ~;~+^~ ^r ~ .... , ..... + city engineer at least thirty (30) days prior to the ~ expiration of the existing permit. No time extension shall exceed one year. Chapter 7 SURETY ARTICLE I. - IN GENERAL Sec. 3. Types of surety. S :\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf C. PERFORMANCE OR SURETY BOND Performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. D. ESCROW (AGREEMENT) DEPOSIT An executed escrow agreement between the developer, a bank approved by the city and the city as the third party beneficiary may be established for this surety. The escrow agreement shall require that release of the fimds, or any part thereof, shall be subject to city approval. The agreement shall be in accordance with the city policy on such escrow agreements. Chapter 7.5 ENVIRONMENTAL REGULATIONS ARTICLE II. - LANDSCAPE CODE Sec. 5. Particular Requirements. H. Point of access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and ~ (-6) eight (8) feet above pavement, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided they are located so as not to create a traffic hazard. Landscaping except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement or sidewalk or walk path. The triangular areas above referred to are: 1. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway right-of-way or easement line and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length, (or more when determined to be necessary by the -~ city engineer) from the point of intersection and the third side being a line connecting the end of the other two (2) sides. 2. The area of property located at a comer formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty-five (35) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf 3. The area of property located at a comer formed by the intersection of two (2) or more public rights-of-way being a collector or arterial street, or any fight-of-way of higher classification than a local street, the two (2) sides of the triangular area shall be fifty (50) feet in length for the collector street, and one hundred twenty (120) feet for the arterial street along the abutting public right-of- way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. 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 city engineer as follows: 3. Permit issuance. An excavating, filling and/or dredging permit or permit to construct within the public right-of-way shall be issued by the city engineer prior to any work being performed. If the excavating, filling and/or dredging is a part of a land development permit application, th~ the permit shall be issued by the fiirectc, r cf fieve!c,?mep2 city engineer prior to any and all work being performed. ARTICLE IV. - CONSTRUCTION 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 directc, r ,vf develc, pment mad/or-the city engineer if the construction is part of a land development permit, or by the city engineer or his designee if the construction is for excavation, filling and/or dredging or for work within the public right-of-way of the project for which the permit is applicable. S:\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf Chapter 23 PARKING LOTS ARTICLE II. - REQUIRED IMPROVEMENTS H. Driveway. 3. Distance from streets. Parking lot driveways shall be constructed at least thirty (30) feet from the intersection of the right-of-way lines along local streets, fifty (50) feet along collector streets, and one hundred eighl-y twenty (4gO) (120) feet along streets of a higher classification. S :\CA\Ordinances\LDR Changes\draft LDR Ord 050803.rtf