boyn22 Chapter 22
STREETS AND SIDEWALKS
Art. I. In General
Art. II. Construction, Repair or Alteration
Art. III. 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 public
works who shall also maintain the city’s master roadway file and allocate secondary street designations at his or her discretion.
(Ord. No. 02-033, § 4, 8-20-02; Ord. 05-014, §§ 2, 3, 3-1-05)
Sec. 1.1. Street naming system.
Street names shall be issued as per the request of the originator of the street (or roadway) except in the case of a section line, where roads will be given a route number in additional
to the assigned name by as determined by either the Florida Department of Transportation or Palm Beach County, whichever has jurisdiction of the street (or roadway). Proposed streets
which are on the same alignment with other existing named streets, shall bear the same name of the existing street. All street names shall have a suffix and in no case, except as indicated
in the preceding sentence, shall the name of the proposed street (or roadway) duplicate be phonetically similar to existing street names regardless of the use of the suffix - street,
avenue, boulevard, drive, place, court, etc.
A. Curvilinear streets shall be named on the same basis as other streets and shall carry the same name through their entire length.
B. Streets crossing Ocean Avenue shall have north and south added to their names accordingly.
C. Suffixes shall be limited in use as follows:
North-South Direction East-West Direction
Court Avenue
Drive Boulevard
Lane Place
Parkway Road
Street Way
The suffixes ‘Boulevard’ and ‘Parkway’ shall be reserved for arterials and collectors. The suffix ‘Circle’ is an option for either direction, however, it should be used as the name
implies, i.e., a curvilinear roadway. The use of ‘Terrace’ and ‘Trace’ shall be reserved for minor streets, cul-de-sacs, etc. Any other requested suffix shall be approved by the director
of public works prior to its inclusion into any development.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 1.2 Vanity street name changes.
A. Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following
circumstances:
1. In response to a City Commission directive, or
2. To eliminate duplication or confusion in street names, or
3. To reduce confusion in addressing.
B. Name changes which do not meet the criteria above are considered “vanity street names” for the purposes herein and are permitted only under the following limited circumstances:
1. The desired name will not create confusion;
2. The desired name does not duplicate in whole or in substantial portion, the name of any existing street;
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3. All property owners abutting the road have signed a petition requesting the change and a completed application has been submitted to the Department of Public Works/Engineering Division;
4. The established fee has been paid ($1,400.00);
5. The entire length of the street must be renamed; and
6. The City Commissioners have approved the request.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 1.3 Street numbering/addressing.
A. Lot or parcel addressing for individual tracts of land shall be designated in accordance with the city’s Uniform Addressing Procedure policy. Such designation shall be vested in
the director of public works or his or her designee, who shall also maintain the city’s master roadway file.
B. The addressing number system currently in use within the corporate limits of the city shall be maintained. For those lots or parcels located in the neighboring local government
(Palm Beach County) that are or will be annexed into the city will, if possible, be assigned in a manner that maintains:
1. A logical sequence of numbers along the street or roadway on which the property is located, and as established in that neighboring government, and
2. A consistent pattern of separation of even and odd numbers.
C. The establishing of the exact number of a particular lot or parcel entails the dimensions of the lot in question, and its distance from the nearest land line or street as given in
the legal description. If the lot is on an East-West (E-W) street, it will receive an E-W number (even numbers on the south side of the street and odd numbers on the north side). If
the lot is one on a North-South (N-S) street, it will received a N-S number (even numbers on the east side of the street and odd numbers on the west side).
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 1.4 Vanity Street numbering/addressing.
A. Street numbering and addressing for commercial and residential properties, shall be based on the city’s grid system as described.
B. Requested addresses which do not adhere to the city’s grid system are considered “vanity addresses” for the purposes herein, are prohibited for residential uses and shall not be
permitted for non-residential uses except under the following circumstances:
1. The entity requesting the “vanity address” is a prominent commercial entity and has a location which is widely recognized in the community;
2. The requested number is not out of sequence with any existing numbers on the same street. (For example, the number 100 would not be permitted on a lot which is located between
two existing lots with the addresses #500 and #550);
3. Emergency Medical Services and the Post Office would be able to locate the property;
4. An individual with the assistance of a generally distributed local street map would be able to locate the property without undue difficulty;
5. The requested address does not duplicate an existing address on the same street;
6. The requested address would, in no way, be injurious to or infringe upon the existing rights of any other commercial entity in the County;
7. The requestor has submitted an affidavit which acknowledges that the requested address may result in delays in mail delivery and service provisions;
8. The established fee has been paid and the requestor has submitted a complete application to the Department of Public Works/Engineering Division; and
9. The City Commissioners have approved the request and have made a finding that the address request is related to a city goal, such as economic
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development, which takes precedence over the goal of maintaining the city’s grid system.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
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 current city standards.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
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. 5. Certain construction activities; 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 within the right-of-way 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 Florida Building Code occurs and/or when any building is reconstructed in
an amount which exceeds fifty (50) per cent of its current assessed valuation.
A. No person shall improve any parcel within the city, except for accessory buildings and reconstruction or remodeling of existing buildings in any single-family or two-family zoning
district, without first obtaining a sidewalk permit from the City Engineer.
B. No person shall construct any building, except for accessory buildings and reconstruction or remodeling of existing buildings or additions to existing buildings which amount to less
than twenty-five (25) per cent of the gross floor area of such building, in any zoning district in the city other than single-family or two-family districts, without first obtaining
a sidewalk permit from the City Engineer.
C. The permits required by paragraphs A and B above shall be issued if one of the following requirements are met:
1. If any street abutting the property on which such construction is to occur is depicted on the map or schedule on file in the Public Works Department of the city as a street on which
sidewalk construction is to be required, sidewalks shall be constructed along the entire street frontage of such parcel; in the case of a corner lot, the sidewalk shall be constructed
also along the access side.
2. If any street abutting the property on which such construction is to occur is not depicted on the map or schedule on file in the Public Works Department of the city as a street
on which sidewalk construction is required, the property owner shall pay a fee equal to the cost to the city per square foot of construction of the sidewalk abutting the property, as
such fee is determined annually by the Director of Public Works. Such fees shall be utilized by the city for construction of sidewalks as provided in paragraph D hereof.
D. The city shall establish four (4) accounts for sidewalk construction to be utilized only for construction of new sidewalks in the city. One (1) account shall be for construction
of new sidewalks in the northwest quadrant (Commission District # 4) of the city; one (1) account shall be for construction of new sidewalks in the northeast quadrant (Commission District
# 2) of the city; one (1) account shall be for construction of new sidewalks in the southeast
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quadrant (Commission District # 3) of the city; and one (1) account shall be for construction of new sidewalks in the southwest quadrant (Commission District # 1).
E. The Director of Public Works shall prepare and update annually a map or schedule of streets or portions of streets of which construction of sidewalks is to be required. In addition,
the director of public works shall administer the requirements of this ordinance and determine the streets or portions thereof on which sidewalk construction is to be required, pursuant
to the City Commission policy with respect thereto. Such policy shall be on file in the office of the city clerk and, together with the annually revised map or schedule, shall also
be on file for public inspection in the Public Works Department of the city.
F. Any person aggrieved by any decision of the director of public works regarding construction of sidewalks abutting such person’s property may appeal the decision within thirty (30)
days of the date thereof to the Planning and Development Board (PDB), which shall hear and decide such appeal. Applications for such appeal shall be in writing, accompanied by a one-hundred
($100.00) dollar application fee. The PDB may either affirm the decision of the director of public works, or may reverse such decision. The procedure set forth in this
paragraph shall constitute the only available remedy for any person aggrieved by any decision of the director of public works with respect to sidewalk construction and the determination
of the PDB after ratification by the City Commission on appeal shall be the final administrative decision of the city, from which any further appeals shall be to a court of competent
jurisdiction.
G. 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; Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 6. Permits required for work affecting trees and shrubs.
No person may plant, remove, destroy, prune, set out, break, cut, deface or in any way injure or interfere with any tree, shrub, or similar plant on any street or alley, or upon property
owned or maintained by the city, without first obtaining a public right-of-way permit pursuant to this chapter. For certain types of protected trees or shrubs, refer to Chapter 7.5,
Article I, Tree Preservation for the proper procedure in addressing such tree or shrub.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 7. Vehicles crossing curbs and parkways.
It shall be unlawful for any person to push, pull, drive or cause to be pushed, pulled or driven any wheeled or track-laying type vehicle, conveyance, machine, apparatus or equipment
on, over or across, in whole or in part, any curb or pavement laying in or on any public street, except as provided in this section:
A. Vehicles, as described herein, may be driven over pavement at driveways; and
B. Vehicles, as described herein, may be driven over curbs and over pavement at other than driveways, provided that such curbs and pavement shall be adequately bridged and shored with
suitable wooden or steel structures to protect such curbs and parkways.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 8. Mailboxes on public rights-of-way.
All mailboxes placed in city right-of-ways shall be in compliance with all federal guidelines. The city shall not be responsible for damage caused during street maintenance to mailboxes
not in compliance with federal guidelines.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
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Sec. 9. Depositing, storing, processing material in streets and roadways.
It shall be unlawful for any person to deposit, process or produce any material, including but not limited to any recreational item in or on any street or roadway or to store the same,
either temporarily or permanently thereon; except, that building materials can be temporarily stored, processed or produced on streets or roadways if a permit has been obtained as provided
in this chapter, and except that temporary storage of construction debris may be temporarily stored on streets or roadways in a container provided by a trash hauler for removal by such
trash hauler, if a permit therefore has been obtained as provided in this chapter.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 10. Removal of warnings prohibited.
It shall be unlawful for any person to move, remove, damage, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions
of this chapter, except upon permission of the Director of Public Works.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
ARTICLE II. CONSTRUCTION, REPAIR
OR ALTERATION
Sec. 1. Standards, permit required.
All work performed in public or private rights-of-way shall conform with the current Department of Public Works, Engineering Division's Engineering Design Criteria Handbook and Construction
Standards Handbook Manual. Except as provided herein, any person desiring to perform or have performed any of the acts covered by this chapter wherein a permit is required shall secure
such a permit in accordance with the rules and regulations set forth in this chapter.
(Ord. No. 02-033, § 4, 8-20-02; Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 2. Access to streets and alleys; permit required; improvements.
No person shall construct any access across any right-of-way on any improved or unimproved streets within the city without first obtaining a permit to do so from the City Engineer.
This permit shall be issued if the following requirements are met:
A. The access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic and will be constructed in compliance with applicable
laws, ordinances and specifications of the city;
B. If the street to which access is desired is not improved with asphalt pavement, storm sewers, and curb and gutters, it shall be improved as follows by the person seeking access in
accordance with city specifications approved by the City Engineer.
1. Curbs and gutters shall be constructed along the side of any street to which access is sought to the limits of the property, if nearest paved portion of that street is improved
with curbs and gutters along one or both sides.
2. Pavement shall be constructed in accordance with city standards of material similar or equivalent to the material used for the nearest paved portion of the street or streets as
determined by the City Engineer, shall be constructed along the side of the street or streets to which access is sought to the limits of the property and beyond to the nearest paved
portion of that street or streets.
3. Storm drainage shall be constructed along the street or streets to which access is sought to the limits of the property and connected to the nearest existing storm drainage in that
street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed.
4. Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses and if the traffic
volume generated from the development of the property meets the warrants established by the Florida Department of
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Transportation or Palm Beach County Traffic Engineering Division.
C. No person shall construct any access to any alley within the city without first obtaining a permit to do so from the City Engineer. This permit shall be
issued if the following requirements are met:
1. Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley
right-of-way, along the alley to which access is sought from the limits of the property and beyond to the nearest paved portion of the alley.
2. Adequate storm drainage shall be constructed so that storm water runoff from the property from which access to the alley is sought shall not cause damage to adjoining properties
or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the city engineer consistent with city standards as amended from
time to time, which shall assure that upstream and downstream drainage problems shall not result therefrom.
D. If the right-of-way to which access is sought has been improved after the effective date of this section pursuant to the requirements of paragraph B above, the person desiring access
shall pay to the city that portion of the original cost of the improvements installed within the right-of-way abutting his or her property to the centerline of the right-of-way and to
the side limits of his or her property. These recaptured costs shall be collected by the city and reimbursed to the person who paid for the improvement when installed, when and if the
city collects these costs as aforesaid.
E. The City Commission, after a public hearing before the Planning and Development Board (PDB) or the Community Redevelopment Agency (CRA), and receipt of the findings and recommendations
of such board, may waive or vary any requirement of paragraph B above for good cause shown upon application by the persons seeking access.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 3. Application, permit fees.
A. Application for a permit under this chapter shall be made on such forms as shall be provided by the City Engineer. No work shall commence until the City Engineer or his or her designee
has authorized issuance of a permit therefore and such permit has been issued. For permits issued under another chapter or any other permit which affects trees or shrubs, or will have
an affect on trees or shrubs, in rights-of-way or on city owned property, the Department of Public Works/Forestry and Grounds Division shall review and approve the permit before it is
issued.
B. An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time required to complete such work and the estimated
cost thereof. When the permit is issued, one (1) copy of such plans and specifications shall be returned to the applicant and the others shall be distributed to applicable divisions
of the city and one (1) shall be retained by the City Engineer.
C. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for any and all costs, damages, liabilities and attorney’s fees, which may accrue
or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant.
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 type of work to be performed.
(Ord. No. 02-033, § 4, 8-20-02; Ord. No. 05-014, §§ 2, 3, 3-10-04)
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.
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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.
D. That the health, welfare and safety of the public will not be unreasonably impaired.
E. Permits issued under authority of this chapter are nontransferable.
F. A copy of the permit issued under this chapter and a copy of the approved plans and specifications shall be kept and displayed in a conspicuous location at all times while such work
is in progress at the location of the work.
(Ord. No. 02-033, § 3, 8-20-02; Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4.1. Insurance required for certain permits.
Each applicant for a permit under Article I, Sections 5, 7 and 9, and Article II, Section 2 of this chapter shall furnish the city with a satisfactory certificate of insurance or a
statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after
ten (10) days written notice delivered to the city. The applicant’s insurance shall provide coverage against claims for personal injury as well as against claims for property damage
which may arise from or out of the performance of the work, whether such performance be by himself or herself, his or her subcontractor or anyone directly or indirectly employed by him
or her. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability arising from completed operations.
The amount of the liability insurance for personal injury shall be not less than five hundred thousand ($500,000) dollars per person, five hundred
thousand ($500,000) dollars per incident, and one hundred thousand ($100,000) dollars for property damage.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4.2. Cash bond required for certain permits.
A. With each application for a permit under Article I, Sections 5, 7 and 9, and Article II, Section 2 of this chapter, an applicant shall furnish a surety to guarantee faithful performance
of the work covered by the permit. The surety shall be in accordance with one of the approved forms in the Engineering Design Manual.
B. The amount of the cash bond shall be not less than that as established by the City Commission from time to time by resolution. In lieu of a separate cash bond for each permit, an
applicant anticipating more than one (1) permit application may furnish one cash bond in the amount of five thousand ($5,000) dollars to cover all permits.
C. The applicant shall deposit the cash bond with the City Clerk, and such bond so deposited shall be kept in a separate account and shall stand as security for the full and complete
performance by the applicant of the work covered by such permit, subject to the following provisions:
1. If any direct cost to the city of any loss, damage, work, claim or liability arises out of the breach by the applicant, or any contractor or representative of the applicant, in
the performance of the applicant’s obligations in connection with the work covered by such permit the applicant shall forfeit its bond.
2. Upon certification by the City Engineer of completion of the work covered by such permit, the balance of such cash bond shall be refunded by the city clerk to the applicant upon
request.
3. In the event that the City Engineer shall determine that additional bond in excess of five thousand ($5,000) dollars is required, the applicant shall furnish surety as noted in
Section 6 below and prescribed in Chapter 7 of the Land Development
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Regulations in an amount equal to one hundred ten (110%) per cent of the estimated value of the work. If a letter of credit is provided, it shall be dated on or before the date of the
permit application and shall be for a term to expire one (1) year after receipt by the permittee of a certificate of final inspection.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4.3. Rights of the city not affected by granting of permits.
Every permit issued under this chapter shall be granted subject to the right of the city or of any other person entitled thereto to use the street for any purpose for which such street
may lawfully be used, not inconsistent with the permit.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4.4. Work to be commenced within thirty days.
Work for which a permit has been issued shall commence within thirty (30) days after the issuance of the permit therefore or within such extension of period of time as determined by
the City Engineer upon good cause shown. If the work is not timely
commenced, the permit shall automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon payment of an additional fee in the amount of the original
fee.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4.5. Performance of additional work.
No permittee under this chapter shall perform work in an amount or quantity greater than that specified in the permit except upon approval by the City Engineer. Upon such approval,
additional work may be done under the provisions of the permit an amount not greater than ten (10) per cent of the amount specified by the permit. Any fee or bond posted in connection
with the original permit shall be deemed to and must cover any such additional work as may be approved by the City Engineer.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4.6. Expiration; extension of time.
Permits issued in accordance with the provisions of this chapter shall expire at the end of the period of time, which shall be set in the application for the permit. If the permittee
shall be unable to complete the work within the time period, he or she shall, prior to the expiration of the permit, present in writing to the City Engineer a request for an extension
of time, setting forth therein the reasons for the requested extension. If in the opinion of the City Engineer such an extension is necessary and not contrary to the public interest,
he may grant the permittee additional time for completion of the work.
A. All extensions of permit time shall be calculated at twenty-five (25%) per cent of the original total permit fee and shall extend the life of the permit for an additional six (6)
month period.
B. One hundred (100%) per cent of a permit fee shall be added if work is started without a valid permit.
C. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work
has been done, all but a basic fee of twenty-five ($25) dollars to cover the cost incurred by the City Engineer shall be refunded.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4.7. Default in performance, revocation.
A. Whenever the City Engineer shall find that a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the permittee
and to the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the City Engineer
to be necessary for the completion of such work. After receipt of such notice, the permittee or the commercial bank shall within the time specified
either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time, the cash bond or letter of credit shall be utilized
to reimburse the city for the cost of doing the work set forth in the notice.
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B. The City Engineer may revoke any permit after prior written notice to the permittee for:
1. Violation of any provision of this chapter.
2. Violation of any other applicable provision of this Code or any other ordinance or law relating to the work.
3. Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.
C. Written notice of any such violation shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated
revocation of the permit. Notice shall be given either by personal delivery thereof to the person to be notified, by certified or registered United Stated mail addressed to the person
to be notified, or by telegram addressed to the person to be notified. Such notice shall state the period of time which the permittee is being granted to correct the violation and to
proceed with diligent prosecution of the work, which time shall be no less than twenty-four (24) hours.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4.8. Restoration of street by city.
When any permit has been revoked and the work authorized by the permit has not been completed, the city may do such work as is necessary to restore the street or alley to a condition
acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by the permittee and may be removed from the cash bond or letter of credit that the permittee
has filed with the city, and the bond or letter of credit shall so provide.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4.9. Abandoned facilities.
Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove
them, and if the owners shall
fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city’s order to remove abandoned facilities may be given
either by personal delivery thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes of this section,
abandoned facilities shall be defined to be facilities, which have not been utilized by the owner or any other person for a period of at least six (6) months, or facilities, which are
no longer necessary or useful because they have been replaced in some other location on the property.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
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, §§ 3, 4, 8-20-02)
Sec. 6. Surety.
The city engineer shall have the authority to 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)
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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) 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.
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.
D. Permit issuance. The city engineer, or his or her designee, shall issue a permit hereunder when the 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.
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.
J. Work in improved parkways. When working in improved parkways, the applicant shall furnish written notification of the proposed construction to adjacent property owners prior to
construction. The restoration of the parkway areas
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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 with maintenance of existing utilities, and;
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)
Sec. 8. Temporary permit.
The City Engineer may grant a temporary verbal approval for a permit to any agent (who is not a regular employee) of the city including the Utilities Department, in any street, alley,
roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) hours by a formal application for a permit
as regularly required under the terms of this chapter.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
ARTICLE III. STREET OPENINGS
Sec. 1. Permit required; compliance with chapter.
Any person desiring to plow, dig, scrape or in any way make or have made any hole, pit, ditch or excavation in or upon any street, alley, roadway or public land shall proceed with such
work only after
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obtaining a permit therefore and in compliance with all regulations contained in or promulgated under this chapter including the city’s Department of Public Works, Engineering Division’s
Design Criteria and Standards Handbook.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 2. Notice to adjoining property owners of proposed work.
If the work to be undertaken by a permittee under this article is such that it will affect the use of properties abutting or adjoining the place where the work covered by the permit
is to be done, the City Engineer shall require the permittee to submit a list of the names and addresses of the affected property owners and tenants, and the permittee shall notify the
affected property owners and tenants of the proposed work. If the work to be undertaken by the permittee will affect other subsurface installations in the vicinity of the proposed opening,
the permittee shall
also notify the owners of such facilities of the proposed work.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 3. Removal of debris, rubbish, etc., from work area; protection of persons and property.
It shall be the duty of every person making any improvement in or upon any street, alley, roadway or public land to promptly remove therefrom all rubbish, debris or material not immediately
required for such improvement. In addition thereto, such person shall protect the place so improved or being improved, together with all material, articles or property used in connection
therewith or taken therefrom, in a manner which the city shall direct and in such a way as to prevent injury or damage to persons or property. Every such person making any such improvements
or part thereof shall be liable for all damages or injuries sustained on public property.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 4. Requirements for work in streets, etc.
All work in streets, alleys, roadways and public lands shall be subject to the following restrictions:
A. No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored.
B. No more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at any one time.
C. All underground pipes, tiles, cables, etc., shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary.
D. Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the City Engineer.
E. Monuments, benchmarks, or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision,
or precise survey reference point within the city, shall not be removed or disturbed unless permission so to do is first obtained in writing from the proper government authority. Permission
may be granted only upon conditions that the permittee shall pay all expenses incident to the proper replacement thereof, including the cost of a survey.
F. When work performed by the permittee interferes with the established drainage system of any street or natural water way, provision shall be made by the permittee for adequate temporary
drainage to the satisfaction of the city engineer and consistent with the provisions of this code.
G. When any earth, gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any step and/or sidewalk, the permittee shall cause the same to
be removed from the street or sidewalk before the end of the working day. In the event the earth, gravel or other excavated material so deposited is not so removed, the city engineer
shall cause such removal and the cost incurred thereby shall be paid by the permittee.
Failure on the part of the permittee to make immediate payment of such cost upon demand shall be cause for revoking such permit.
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H. Every permittee shall place around the excavation or project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the City Engineer to be necessary
for the protection of the public. Additional safety requirements may be prescribed by the City Engineer where deemed necessary by him or her to protect adjacent private or public property.
Whenever any person fails to provide or maintain the safety devices required by the City Engineer, such devices might be installed and maintained by the city. The amount of the cost
thus incurred shall be paid by the permittee.
I. When any work is performed on city streets, the permittee must comply with the traffic control procedures established by the Department of Public Works. In the event proper traffic
control is lacking or deficient, and is not corrected within one (1) hour upon notice, the City Engineer may stop work and revoke the permit.
J. Access to private driveways and alley shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all time
to fire hydrants.
K. Excavated materials shall be laid compactly along the side of the trench or removed immediately from the site at the discretion of the City Engineer. Excavated material when piled
alongside the excavation shall be kept trimmed so as to cause a minimum inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance,
the City Engineer may require the permittee to provide and use toe boards or bins. If the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary wooden
plank walks shall be installed by the permittee as directed by the City Engineer. If the street is not wide enough to hold the excavated material without using part of the adjacent
sidewalk, the permittee shall keep open a passageway at least one-half (1/2) of the sidewalk width along such sidewalk.
L. Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent from the inspection
officer to do the work at other times. Such permission shall be granted only: (1) in case of emergency as determined
by the City Engineer; (2) where safety and traffic control measures in accordance with city and FDOT standards are not feasible during these hours as determined by the City Engineer;
(3) if the construction area is not within five hundred (500) feet of any single or multi-family dwelling as determined by the City Engineer; (4) or for city work or activities where
the City Manager determines that extended hours of work are necessary to complete the work in a timely fashion and to protect the public health, welfare and said feasibility of safety
or traffic control measures. Any permit granted under this section may include other conditions on the permittee’s ability to work after 7:00 p.m. No such work will be permitted on
Sunday unless authorized by the City Commission as necessary and convenient for the public health, welfare and safety,
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
Sec. 5. Backfilling and restoring of openings.
All backfilling and restoring of openings made in any street, alley, roadway or public lands shall be performed in accordance with the latest standards and specifications of the city.
(Ord. No. 05-014, §§ 2, 3, 3-1-05)
ARTICLE IV. 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.
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
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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,
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:
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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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