CHAPTER.22 Chapter 22
STREETS AND SIDEWALKS
Art. T.
Art. TT.
Art. TTT.
In General
Construction, Repair or Alteration
Street and Easement Abandonment
ARTICLE I. IN GENERAL
Sec. 1. Street designation system.
All streets, avenues or other thoroughfares for
vehicular traffic shall be designated in accordance
with city standards. Such designation shall be vested
in the director of development who shall also maintain
the city's master land file and allocate secondary street
designations at his or her discretion.
(Ord. No. 02-033, § 4, 8-20-02)
Sec. 2. Minimum right-of-way width.
The City Commission shall not accept any street
right-of-way dedication by plat or by deed or other
instrument unless the right-of-way width and paving
comply with the Land Development Regulations.
Sec. 3. Minimum width of new or rebuilt streets.
The minimum width of paving of all new or rebuilt
streets shall be in accordance with Land Development
Regulations.
Sec. 5. Sidewalks, when required.
Prior to the issuance of any certificate of
occupancy/completion for any improvement
exceeding 70% of its current assessed property
valuation, the owners of all undeveloped lots, platted
or unplatted, and the owners of all plots not subject to
platting, shall construct a sidewalk thereon in
conformance with Chapter 6, Article IV, Section 10.
T of the Land Development Regulations. This
requirement shall also apply when a change in
occupancy as defined in the Standard Building Code
occurs and/or when any building is reconstructed in
an amount which exceeds seventy (70) per cent of its
current assessed valuation.
A. Waiver. Upon the recommendation of the
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 side-walks.
An application fee as adopted by resolution of the
City Commission shall accompany applications for
waiver of this section.
(Ord. No. 96-62, § 1, 1-21-97; Ord. No. 02-033, § 3,
8-20-02)
ARTICLE II. CONSTRUCTION, REPAIR
OR ALTERATION
Sec. 4. Obstructing streets, prohibited.
It shall be unlawful for any person or the agent or
agents of any person to blockade or obstruct any street
or public way within the city, so as to impede traffic or
pedestrians thereon, or cause any interference or
dangerous obstacles to be placed on or across any of
the streets or public ways within the city, except that
in the Central Business District, loading zones,
dumpsters and compactors and their enclosures may
be situated in the public right-of-way.
(Ord. No. 97-27, § 1, 7-1-97)
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 (Ord. No. 02-033, § 4, 8-20-02)
Sec. 2. Application required; contents.
An applicant for the permit required by Section 7
hereunder shall file with the city engineer an
application showing:
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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 city engineer
shall find reasonably necessary to determine if a
permit should be issued hereunder.
(Ord. No. 02-033, 8 3, 8-20-02)
Sec. 3. Permit fees.
Fees for work within 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.
(Ord. No. 02-033, 8 4, 8-20-02)
Sec. 4. Permit issuance.
The 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.
Sec. 6. Surety.
The city engineer shall have the authority to
D. That the health, welfare and safety of the
public will not be unreasonably impaired.
(Ord. No. 02-033, 8 3, 8-20-02)
Sec. 5. Inspection, approval.
A. A person doing work under this article, or
his agent, shall call for inspection a minimum of
forty-eight (48) hours prior to starting work. The city
engineer and/or his or her 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 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 city engineer, such expenses shall be
borne by the applicant.
C. Inspection and approval of improvements in
new subdivisions shall be in accordance with the
provisions of the Land Development Regulations.
(Ord. No. 02-033, 88 3, 4, 8-20-02)
require an applicant to provide adequate surety to
protect and save harmless the city from all claims 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.
(Ord. No. 02-033, § 2, 8-20-02)
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
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in this section. The permit shall entitle the applicant
to work in a maximum of one thousand six hundred
(1,600) linear feet of right-of-way. A separate permit
must be obtained for each additional one thousand six
hundred (1,600) linear feet of work. Where 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 projects that consist of directional bore
conduits only, the city engineer, or his or her 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 or her designated representative at the
work site.
B. Permit application. An applicant for the
permit required under this section hereunder shall file
with the city engineer an application showing the
following:
1. Name and address of the contractor
performing the work.
2. Name and address of the 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.
work complies with the provisions of this code and
the Land Development Regulations.
E. Sign required. A sign shall be displayed at
the work site indicating the name and telephone
number of the contractor and the name of the
applicant requesting the work.
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 Florida Department of 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 shall be backfilled in accordance
with current city standard drawing(s) and
specification(s).
H. Opening to traffic. At the end of each work
day completed backfill must be covered with asphalt
and opened to traffic. In the event the final wearing
surface cannot be scheduled, a temporary cold mix
asphalt surface may be used. Temporary asphalt
patches must be replaced with the final pavement
within twenty (20) calendar days. Before final
asphalt is placed, pavement edges shall be cut out
with a saw along smooth, straight, uniform lines to
provide a proper connection between old pavement
and new pavement.
6. Such other information as the city
engineer shall find reasonably necessary to determine
if a permit should be issued hereunder.
C. Permit fees. Fees shall be as established by
resolution of the City of Boynton Beach and shall
accompany each application for a permit required
under this section.
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 or her, as directed by the city engineer, or his or
her designee, at no cost to the city.
D. Permit issuance. The city engineer, or his or
her designee, shall issue a permit hereunder when the
J. Work in improved parkways. When
working in improved parkways, the applicant shall
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furnish written notification of the proposed
construction to adjacent property owners prior to
construction. The restoration of the parkway areas
shall be at least equal to the condition of the parkway
prior to the construction. The restoration shall be
completed within five (5) working days from the time
the area has been backfilled.
K. Replacement of sidewalks, curbs, gutters 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 city engineer or his or her designee.
L. Compacting surrounding area. All
backfilled areas within eight (8) feet of pavement shall
be compacted/stabilized to meet current city standards.
M. Cleanup. Final restoration shall include
removal of all construction rubble and dirt mounds
from the area and removal of all dirt and dust caused
by the construction from pavement.
N. Planting in swales and rights-of-way.
Limited non-invasive planting may be allowed in
swales and/or rights-of-way subject to the following
conditions:
1. Planting cannot significantly interfere
with maintenance of existing utilities, and;
2. Layout with respect to plant material,
location and size at maturity must be acceptable to
both the city forester and the city engineer, and;
3. Planting must be consistent with
Florida Department of Transportation, Palm Beach
County and City of Boynton Beach regulations.
If planting is allowed and installed within
swales and/or rights-of-way, the adjacent property
owner assumes total responsibility for repairing/
restoring the swale/right-of-way to its original
condition if the swale/right-of-way is disturbed for
installation and/or repair of utilities either already in
place or constructed in the future. The property
owner also assumes the maintenance responsibility
for the swale/right-of-way as stipulated in the
Landscape Code (Chapter 7.5, Article II, Section 5,
Paragraph B).
O. Neighborhood Identification Signs.
Identification signs for residential neighborhoods may
be allowed in city-owned right-of-way subject to the
following conditions:
1. Sign does not interfere
maintenance of existing utilities, and;
with
2. Sign does not interfere with vehicular
visibility standards, and;
3. Sign is in conformance with this
Chapter, Article IV, Section 1, Paragraph B, and;
4. Application is submitted by an
incorporated association which represents the
neighborhood and which completes an agreement to
remove the sign upon demand by the City, and;
5. All appropriate provisions of this
Chapter, Article II, Section 7 entitled, Work within
rights-of-way, as well as Chapter 21, Signs, and
Chapter 2, Zoning.
(Ord. No. 96-62, § 2, 1-21-97; Ord. No. 02-033, §§ 3,
4, 8-20-02)
ARTICLE iii. STREET AND EASEMENT
ABANDONMENT
Sec. 1. Purposes.
The purposes of this article are to establish
uniform procedures for the application to the city for
the vacation and abandonment of city streets, alleys,
special purpose easements and other nonfee interests
of the city; to designate those individuals who shall
have the responsibility for the processing of such
applications; and to provide the methods and
procedures for processing said applications.
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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
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. The 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.
E. The names and addresses of the owners and
occupants of abutting real property.
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 verification 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.
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.
(Ord. No. 96-62, § 3, 1-21-97; Ord. No. 02-033, § 4,
8-20-02)
Sec. 3. Application fee.
A. Each application filed with the 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
planning and zoning division, who shall give a receipt
to the applicant for the fee paid.
(Ord. No. 02-033, § 4, 8-20-02)
Sec. 4. Processing of application.
A. 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 the completeness of the application and
the schedule according to which it 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,
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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:
a. Owners and occupants of all
abutting property; and
b. Each and every public utility.
B. 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.
(Ord. No. 02-033, §§ 3, 4, 8-20-02)
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