07-014
II
1 ORDINANCE NO. 07 - DIY
2
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
6 CHAPTER 6, REQUIRED IMPROVEMENTS, AS
7 CONTAINED IN THE LAND DEVELOPMENT
8 REGULATIONS, CLARIFYING THE APPLICABILITY
9 AND DELINEATION OF THOSE DEVELOPMENTS
10 THAT ARE DEFINED AS OTHER THAN
11 SUBDIVISIONS OF LAND DEVELOPMENT;
12 PROVIDING FOR CONFLICTS, SEVERABILITY,
13 CODIFICATION AND AN EFFECTIVE DATE.
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16 WHEREAS, the City's standard sequence for development construction has been the
17 approval of development master site plan by the City Commission including the issuance of a
18 Development Order, the generation of the new record plat for recording with Palm Beach
19 County, the issuance of a Land Development Permit, and the issuance of various construction
20 permits thereafter; and
21 WHEREAS, some developer's have taken the position that the City's Land
22 Development Regulations ("LDR"), Chapter 6, "Required Improvements", only pertains to
23 standard subdivisions and not necessarily to other types of developments prior to issuance of
24 any and all building permits; and
25 WHEREAS, the City Commission finds that Chapter 6 "Required Improvements", of
26 the City's LDR needs to be clarified and re-defined clearly as to the comprehensive
27 requirements that affect all development projects.
28 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
29 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
31 herein by this reference.
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Section 2.
Chapter 6, "Required Improvements", of the LDR are hereby amended
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as follows:
CHAPTER 6
REQUIRED IMPROVEMENTS
* * *
ARTICLE II. APPLICABILITY
Tangible improvements are required as described in this chapter in conjunction with
the development of every subdivision development within the incorporated areas of the City
of Boynton Beach whether the subdivision development is platted or unplatted.
* * *
ARTICLE III. IDENTIFICATION OF REQUIRED IMPROVEMENTS
* * *
Sec. 2. Bridges and culverts.
Bridges or culverts shall be provided as necessary to facilitate the proposed street
system whenever a subdivision development is traversed by or contains canals, watercourses,
lakes, streams, waterways or channels. Bridges or culverts are subject to approval by
agencies having jurisdiction.
Sec. 3. Buffer areas (screening).
Subdivisions and other dwelling-tyPe proiects shall be buffered to separate residential
developments from commercial and industrial developments with a fWe six-foot high
masonry wall or landscaped chain link fence, or some other equivalent buffer which shall also
be at least five (5) six (6) feet in height, except where such developments are separated by a
golf course or other equivalent barrier. Residential developments shall also be buffered and
protected from adjacent expressways, arterials and railroad rights-of-way with a five-foot
limited access easement, which shall be shown and designated on the plat, except where
access is provided by means of a marginal access road or where such expressway, arterial or
railroad right-of-way abuts a golf course. As an alternative, a fWe six-foot high decorative
masonry or landscaped chain link fence or other equivalent buffer, which shall be at least fWe
fSj six (6) feet high, may be provided in a limited access easement HjT-te that is five (5) feet
wide. For other types of screening requirements. refer to the specifics for the zoning district
which the site is located in as noted in Chapter 2. ZONING.
* * *
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Sec. 5-2. Storm water treatment.
Storm water shall be treated in the development or subdivision by providing on-site
percolation and/or detention or any appropriate treatment technique acceptable to the South
Florida Water Management District.
Sec. 6. Fire hydrants.
Fire hydrants shall be provided in all residential, commercial and industrial
developments or subdivisions in the manner prescribed in this ordinance. When annual fire
hydrant fees are to be levied according to ordinances, a special association for payment of
said fees will be required.
* * *
Sec. 10. Sanitary sewage.
A complete sewage collection system shall be provided for all developments or
subdivisions in accordance with requisite government regulations. Sewage transmission
facilities shall be provided by the developer to an approved operating city collection or
transmission system. The city utility director or his designee shall approve all connections to
existing city collection and transmission systems.
* * *
Sec. 12. Streets.
All streets and related facilities required to serve the proposed development or
subdivision shall be constructed by the developer. The construction shall consist of, but not
be limited to, street grading, base preparation and surface course along with drainage, and
shall be in accordance with City regulations.
Before any plat or deed or instrument conveying or dedicating any street right-of-way
to the city shall be accepted by the city, all roads shall be paved so as to meet the minimum
requirements set forth in this chapter.
* * *
Sec. 15. Central water system.
A complete water distribution system shall be provided for all developments or
subdivisions. Water transmission mains shall be provided by the developer to an approved
operating city water system. The city utility director or his designee shall approve all new
connections to the existing city water system.
Sec. 16. Traffic control devices.
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The developer shall install traffic control devices on roads within and interfacing with
the development or subdivision. +he When required. the developer shall conduct a traffic
impact analysis meeting the approval of in accordance with the concurrency requirements of
Palm Beach County Traffic Engineering Division and these regulations and any other
requirements determined necessary by the city engineer, who shall determine the traffic
control requirements.
ARTICLE IV. DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS
The design of required development or subdivision improvements shall be in
accordance with acceptable engineering principles. Design data, (calculations, analyses, etc.)
shall be submitted along with the land development construction plans covering important
features affecting design and construction implementation of same. Such data shall include,
but not be limited to, high water, drainage facilities of all kinds, subsurface soil data, alternate
pavement and sub grade types, and radii at intersections when minimum standards of the
American Association of State Highway and Transportation Officials are inadequate.
Required improvements shall be equal to or exceed current city standards and the following:
* * *
Sec. I.A.4. New subdivisions, P.U.D., and cluster dwellings developments shall consider
including a secondary vehicle access point, in addition to the primary vehicle access point,
from the service roadway frontingl delete period} the proposed development site, when 30 or
more dwelling units are planned. If, due to the land configuration or remote relationship to
other platted and improved lands, a secondary vehicle access point is not ~ feasible, 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.
* * *
Sec. 3.D.2. In blocks nine hundred (900) feet in length or over, crosswalks not less than
eight (8) feet wide may be required between streets where deemed essential by the city
engineer to provide circulation or access to schools, playgrounds, shopping centers,
transportation and other community facilities.
* * *
Sec. 5.
Drainage and storm water treatment.
A. DRAINAGE. Provide comprehensive final storm drainage facilities. Submit
construction plans and certified drainage design data which includes, but is not limited to,
method of control of storm water and groundwater; drainage plan; existing water elevations;
recurring high water elevations; proposed design water elevations; drainage structures; canals;
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ditches; and any other pertinent information pertaining to the system. Provide for drainage of
lots, streets, roads and other public areas including surface waters which drain into or through
the property. The drainage design must provide adequate surface water drainage of naturally
occurring or existing adjacent contributory areas.
* * *
A.4. Localized Improvements. Developers. contractors and owners of all new
residential developments. including additions. pools. patios. driveways. decks or similar
structures. on existing properties that decrease the permeable land area in excess of 800
square feet on any parcel shall provide a professionally prepared drainage plan clearly
indicating compliance with this section. Upon completion of the improvements. a
certification from a Florida-licenses engineer shall be submitted to the inspector prior to the
issuance of any certificate of occupancy.
* * *
Sec.5.B.2.
Components
a. Maximum runoff distance over impervious surfaces before diversion to
percolation areas is fifty (50) feet excluding roofs, sports fields, roadway gutters and
storm sewers.
b. Temporary ponding shall not last more than eight (8) hours.
c. Swales may be substituted for storm sewers to convey and collect
surface waters. Minimum and maximum swale grades shall be in accordance with city
standards. Maximum swale grade is limited to that grade which will produce water
velocities below the threshold of erosion. Typical swale sections shall follow city
standards.
d. Water management tracts shall include a twenty-foot wide maintenance
easement with a maximum side slope of eight to one (8:1) to the water level control
elevations. Maximum slope from the edge of maintenance easement water level
control elevation to a point two feet below the control elevation shall be four to one
(4: 1). Maximum slope below this point shall be in accordance with city stormwater
retention criteria and standards.
3. Dedications. Major treatment facilities such as swales, lakes, canals, and
other areas used for storm water management prior to discharge from development
shall be placed in water management tracts shown on the plat and dedicated to the
entity responsible for their maintenance.
4. Alternate treatments. Alternate treatment methods or facilities which in the
opinion of the city engineer are equal or superior to the above requirements may be
approved. Applications for such approvals shall be accompanied by written data,
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calculations and analyses which show, by accepted engineering principles, that the
alternate proposal is equal or superior to that required.
All major treatment facilities such as swales, lakes, canals, and other detention
areas used for storm water management prior to discharge from development shall be
placed in water management tracts shown on the plat and dedicated to the entity
responsible for their maintenance. All water management tracts shall include where
necessary, a twenty-foot wide maintenance berm, with a side slope not steeper than
eight to one (8: 1) to the water control elevation. and four to one (4: 1) to two (2) feet
below the water control elevation.
Alternate treatment methods or facilities which in the opinion of the director of
development city engineer are equal or superior to the above requirements may be
approved.
* * *
Sec. 6. Easements.
* * *
B. DRAINAGE EASEMENTS. Drainage easements shall be provided where
necessary at t width adequate to accommodate the drainage facilities. A minimum width of
twelve (12) feet shall be provided for underground storm drainage installations. Where canals
or ditches are permitted, the width shall be adequate to accommodate drainage plus twenty
(20) feet on one side for maintenance purposes. Where the width of canals or ditches exceed
sixty (60) feet, they shall be acceptable accessible to and placed under the control of the
drainage agency having jurisdiction. Drainage easements shall be provided to facilitate
removal of surface waters from contributory areas. When a development or subdivision is
traversed by or develops creates canals, watercourses, lakes, streams, drainage ways or
channels, a drainage easement or right-of-way shall be provided conforming substantially
with the lines of such waterway and of such width and/or construction as will be adequate for
the purpose.
Sec. 7. Lots.
All lots established in accordance with these regulations shall have frontage on a street
or have permanent private access to a street which has a minimum right-of-way of fifty (50)
feet. All lots shall have the minimum area, frontage, width and depth required by the
prevailing or approved use zone zoning district wherein said lots are located. When a
subdivision is proposed under land with existing structures that are proposed to be retained,
lots are to be designed so as not to cause existing structures to become nonconforming with
respect to building area or lot size. When lots are platted abutting a collector or arterial street,
access shall be limited to local streets or marginal access roads. No access from individual
lots shall be permitted directly to collector or arterial streets. Double frontage lots or through
lots shall be avoided except where essential to provide separation of residential development
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1 from traffic arteries or to overcome specific disadvantages of topography or orientation.
2 Where double frontage lots are developed they shall be buffered as required by this ordinance.
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4 Corner lot lines at intersecting rights-of-way shall be the long chord of a twenty-five
5 @ foot radius or of a greater radius where deemed necessary. Corner lots shall be designed
6 to provide a safe intersection with respect to sight distance. A restriction shall be defined on
7 the plat prohibiting construction or planting over two foot six inches high on corner lots
8 within a safe sight distance based on the roadway profile crown elevation of the street.
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10 Sec. 8. Seawalls, bulkheads, piers and docks.
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12 Seawalls, bulkheads, piers and docks installed along access waterways shall be
13 installed under permit issued by the Boynton Beach Development Department. Seawalls and
14 bulkheads shall be constructed with the water side face being on not to encroach over the
15 property line.
16
17 ***
18
19 Sec. 10. Streets.
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21 Street layout shall be coordinated with the street system of the surrounding area.
22 Consideration shall be given to existing and planned streets, topographical conditions, public
23 convenience, safety and relationship to the proposed use of the land to be served. The
24 arrangement of streets in new developments or subdivisions shall provide for the continuation
25 of existing streets in adjoining areas not developed or subdivided, and shall provide for the
26 proper projection of streets. When a development or subdivision adjoins unsubdivided land,
27 then the new street, where necessary, shall be carried to the boundary of the tract proposed to
28 be developed or subdivided to promote reasonable development of adjacent lands, and
29 provide continuity of street systems. The new development or subdivision shall provide for
30 the incorporation and compatible development of the present and future streets shown on the
31 thoroughfare map adopted by the City Commission.
32
33 A. TRAFFIC ANALYSIS. A development or subdivision that well generate three
34 thousand (3,000) one-directional vehicle trips per day or two hundred fifty (250) one-
35 directional vehicle trips in anyone-hour period must submit a traffic impact analysis along
36 with the master plan. The analysis shall be prepared by a professional engineer and shall be
37 used to determine the number oflanes, capacity of street systems proposed or affected by the
38 development, and the phasing of improvements. When a development or subdivision will not
39 generate sufficient one-directional vehicle trips to warrant a traffic impact analysis, an
40 intersection analysis must be submitted along with the master plan. All traffic analyses shall
41 be in accordance with and shall meet concurrency requirements of the Palm Beach County
42 Traffic Engineering Division and these regulations. and any other requirements determined
43 necessary by the city engineer.
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45 * * *
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1 I. L. MARGINAL ACCESS STREETS. Where a development or subdivision
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2 abuts an arterial or higher classification street and adjoining property owners desire access
3 other than at street connections, a marginal access street shall be required from an intersection
4 to the edge of the development or subdivision.
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M. LOCAL STREETS.
through traffic.
Local streets shall be laid out so as to discourage
N. RAILROADS ON OR ABUTTING DEVELOPMENTS OR SUBDIVISIONS.
When a development or subdivision borders on or contains a railroad right-of-way, a street
approximately parallel to and on each side of such right-of-way may be required so as to
permit appropriate use of the intervening land for park purposes in residential districts or for
commercial or for industrial purposes in appropriate districts.
O. HALF STREETS. Half or partial streets are prohibited except where
essential to the reasonable development or subdivision of a tract in conformance with the
thoroughfare plan and these regulations. In addition, satisfactory assurance for dedication of
the remaining part of the street must be provided. Whenever a tract to be developed or
subdivided borders on an existing half or partial street, the other part of the street may be
required to be dedicated and constructed within such tract. A proposed development or
subdivision that adjoins or includes an existing street which does not conform to the minimum
right-of-way requirements of these regulations shall dedicated right-of-way along either one
or both sides of said street so that the minimum right-of-way requirements of these
regulations can be met.
* * *
U. COLLECTOR ROAD DEDICATION. Collector
developments or subdivisions shall be dedicated as public streets.
roads
within
* * *
X. CROSS ACCESS ROAD. Provide cross access roads or drive aisles
between commercial sites wherever practical to minimize trips on nearby thoroughfares.
* * *
Z. 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, oontractors and o':mers of all new residential
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developments, including additions, pools, patios, drive'.vays, decks or similar structures, on
existing properties that decrease the permeable land area in excess of 800 sqliare feet on any
parcel shall pro'/ide a professionally prepared drainage plan clearly indicating compliance
with this division. Upon completion of the impro'/ements, u certification from a Florida
licenses engineer shall be submitted to the inspector prior to the issuance of any certificate of
occupancy.
* * *
Sec. 12. Bicycle/pedestrian paths.
Bicycle/pedestrian paths shall be a minimum of eight (8) feet wide. In driveway and
commercial areas, the surface, base and sub grade requirements of Article IV, Section 10,
subsection F shall be met. In other areas, one inch Type II asphaltic concrete on a four-inch
thick compact base of locally approved limerock or shell be used. When bicycle/pedestrian
paths are not located within road rights-of-way, the base shall extend six (6) inches from each
side of the surface and muck shall be completely removed below the base. Three-quarter
(3/4) inch thick Type I asphaltic concrete may also be used. The cross slope shall be one-
quarter (1/4) inch per foot.
* * *
Sec. 15. Median strips and entranceways.
* * *
B. DEVELOPMENT SUBDIVISION ENTRANCEW A YS. Subdivision
entrancev/ays consisting of VI Walls, fences, gates, rock piles, or the like at proiect
entranceways are not permitted within the median strip or other areas in a dedicated or deeded
right-of-way. Decorative entranceways must be constructed upon plots of land adjacent to a
right-of-way in compliance with the zoning, building and sign codes and must not constitute a
traffic hazard. A guardhouse located so as not to create a traffic hazard may be constructed at
the entrance to a development having private streets.
Sec. 16. Fire hydrants.
Fire hydrants shall be no more than three hundred (300) feet apart and the remotest
part of any structure shall be no more than two hundred (200) feet from a hydrant.
Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic
requirements at residual pressures of not less than twenty (20) pounds per square inch, fire
flow of at lease one thousand five hundred (1,500) gallons per minute shall be provided as a
minimum standard.
Exceptions: In one and two (2) story residential developments or subdivisions with
not more than ten (10) dwelling units per acre, fire hydrants may be spaced up to five hundred
(500) feet apart but not more than three hundred (300) feet from the center of any lot in the
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1 development or subdivision. The system shall provide flow capacity of at least five hundred
2 (500) gallons per minute in addition to maximum day domestic requirements at specified
3 residual pressures.
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5 * * *
6
7 Sec. 19. Commercial and industrial developments/subdivisions.
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9 Commercial and industrial developments or subdivisions shall comply with all of the
10 requirements of this ordinance, except that all local streets shall be designed and constructed
11 according to the collector street typical section contained in the current city standards.
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13 Sec. 20. Nuisance abatement.
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15 Applicant for clearing and grubbing permit and/or land development permit shall
16 describe in writing how blowing sand, dust, and other airborne matter will be controlled
17 during clearing, grading and filling and until such time as permanent ground cover is
18 installed.
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20 * * *
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22 ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS
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24 * * *
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26 Sec. 4. Construction documents.
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28 A. PREPARATION & SUBMITTAL OF CONSTRUCTION DOCUMENTS.
29 Upon approval of the master plan by the City Commission, the developer shall prepare and
30 submit to the city engineer within six (6) months, six (6) copies of the proposed record plat.
31 four (4) sets of signed and sealed construction plans, along with a non-reimbursable fee, as
32 adopted by resolution of the City Commission, payable to the City of Boynton Beach. The
33 development or subdivision of a large tract may be developed in two (2) or more phases and
34 the developer may submit construction plans for approval to develop the proiect subdi'iision
35 in phases. The construction plans and plat shall coincide with the master plan and/or site plan
36 as approved or modified in accordance with city regulations, and any deviation desired by the
37 developer must be approved by the +RG Technical Advisory Review Team (TART) in the
38 Planning and Zoning Division of the Department of Development by application from the
39 developer and re-submittal of the conceptual development plans pursuant to the requirements
40 of the Land Development Regulations (LDR).
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42 * * *
43 B.2.i. The plans shall contain the special conditions and specifications pertaining to
44 the development or subdivision in note form on the plans, such as:
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46 * * *
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1
2 Sec. 7. Obtaining Certificates of Occupancy.
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4 No Certificates of Occupancy will be issued for buildings in the platted development
5 or subdivision until all required improvements are completed. approved and accepted by the
6 City, except that a developer may, at his option, post additional 110% surety in compliance
7 with Chapter 7 for work which may be more prudently put in place subsequent to building
8 construction such as sidewalks and landscaping. Certificates of Occupancy will not be issued
9 for the final ten (10) percent of the buildings until such work is completed. approved and
10 accepted by the city as completed.
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13 ARTICLE VI. ACCEPTANCE AND MAINTENANCE OF REQUIRED
14 IMPROVEMENTS
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16 Sec. 1. Workmanship and material agreement.
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18 [Changes being made via the new Surety ordinance currently before the C. Comm.}
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20 Sec. 3. City completion of required improvements.
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22 [Changes being made via the new Surety ordinance currently before the C. Comm.}
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24 * * *
25
26 ARTICLE VII. SUBDIVISIONS CONTAINING/ADJOINING WATERFRONT
27 PROPERTY
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29 Sec. 1. General design.
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31 When a developer designs a development or subdivision containing/adjoining
32 waterfront property either existing or proposed such as canals, water courses, lakes, streams,
33 drainage ways or channels, such development or subdivision shall comply and conform to the
34 requirements of this article and this chapter.
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36 Sec. 3. Design.
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38 Where canals, watercourses, lakes, streams, drainage ways or channels are adjacent to or exist
39 upon the property to be subdivided developed, they shall retain natural characteristics or
40 design and protect waterways so as to not present a hazard to life and safety. Access
41 waterways proposed in conjunction with a development or subdivision shall have a minimum
42 water depth of six (6) feet for a continuous bottom width of twenty (20) feet. Where seawalls,
43 bulkheads or retaining walls are not required, the design shall incorporate a minimum of a
44 four to one (4: 1) slope from existing ground to a depth of six (6) feet.
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46 * * *
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Sec. 6. Dedication.
* * *
B. WATERWAYS. Waterways except for public drainage easements shall
be dedicated to a property owners' association or reserved for the use of the residents of a
development or subdivision when the development or subdivision is developed as a
condominium or cooperative development as defined by Florida law. In lieu of the foregoing,
waterways may be dedicated to a legally constituted drainage district.
Section 3.
Each and every other provision of said chapters, not herein specifically
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amended shall remain in full force and effect as previously enacted.
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Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
15 same are hereby repealed.
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Section 5.
Should any section or provision of this Ordinance or portion hereof, an
17 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
18 such decision shall not affect the remainder of this Ordinance.
19
Section 6.
Authority is hereby granted to codify this said Ordinance.
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Section 7.
The Ordinance shall become effective immediately after passage.
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FIRSTREADINGthis~dayof June.. ,2007.
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SECOND, FINAL READING AND PASSAGE this ~ day o~~, 2007.
CITY OF BOYNTON BEA~)j FL~RIDA
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ATTEST:
,1n.P~1
Prainito, City Clerk
(CORPORATE SEAL)
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