O77-36ORDINANCE NO.7,7-~
ARTICLE I: TITLE~.AUTHORITY ABYD INTENT
AN ORDINANCE PRESCRIBING PROCEDURESABID.STANDARDS FOR
T~IEDEVELOPI4ENT ~ SUBDIVTSI,ON. OF REAL.ESTATE ABYD-FOR
~ SURVEYING AND. pLATTING THEREOF; PROVIDING FOR TITLE.
AUTHORITY AA!D INTENT; PROVIDING FOR SHORT .TITLE~ P~OVID-
ING FOR.JURISDICTION; PROVIDING FOR PURPOSE; PROVIDING
FOR DEFIAIITIONS;:PRO%r/DING FORAPPLtCATI.ON OFORDIN_ANCE~
PROVIDING FOR ADMIBT~STRATION OF ORDIN~NCE; P~OVIDING
FOR STAi~DD~RD PROCt~DLq~ES; PR0~-~DING FO~ I~EQUIRED IM_PROVE-
F~ENTS; PROVIDING FOR DESIG~ ~EQII/~IT~S~ PROVIDING FOR
CONSTRUCTION ,OFREQUIRED tF~PRO~MENTS; PROVIDING 'FOR
Di{EDGE, FILL.ABTD EXCAVATION; PROVIDING FOR PRE%r/OUSL¥
PROVIDINGF.OR VA/~IA~$CESAND
Ei~CEPTTONS;~ PROVIDING FOR PENALTIES ABeD PROt~IBITIO~S;
PROVIDING FOR LEGAL STATUS.
WHEREAS, Article VIII of the. Constitution of the State of Florida
vests municipal goverr~ments with port of self-gov~rnment as pro-
vided bY general and special law; and
WH~AS, 'the laws of Florida further vest municipalities with the
power to~stablish, coordinate and enforce, business regulations,
building{ housing and related technical codes and regulations as
are necessary for the protection of the public and to perform
other acts not inconsistent with laws which are in the common
interes~ of the people of the county and to exercise all powers
and privileges not specifically prohibited by law.
'That the following, ordinance be and the same is hereby
enacted for the purpose of carryzng into effect the above stated
purpose.
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ARTICLE II:~ SHORT TITLE
This ordinance shall be known as the
Platting Regulations of City of Boynton Beach,
ARTICLE iII:.~JURISDICTION
Regulations set
subdivisions of land,
area~ ~f the City of Boynton Beach,
"Subdivision and
Florida."
forth herein shall be applicable to all
as defined herein, in the incorporated
Florida.
ARTICLE tV: PURPOSE
The purpose of thisordinance is to establish procedures
and standards for the development and subdivision ofreal .estate
within the City of Boynton Beach, Florida, in an effort to,
among other things, insure proper legal-description, identi-
fication, monumentation and recording of real estate boundaries;
aid in the coordination of'land development in the City of
Boynton Beach, Florida, in accordance with orderly physical
patterns, discourage haphazard, premature, uneconomic or scattered
land development; insure safe and convenient traffic control;
encourage development of an economically stable and healthful
com~.unity; insure adequate utilities; prevent periodic and
seasonal flooding by providing protective flood control and
drainage facilities; provide public open spaces for recreation;
insure, land.subdivision with installation of adequate and
necessary physical improvements;
insure that the citizens and
ARTICLE IV: PURPOSE (Continued)
taxpayers of the City of Boynton Beach will not have to bear the
costs resulting from haphazard subdivision of land a~d the lack
of authority, to require installation by the develop~r of adequate
and' necessary physical .improvements; insure to the .purchaser of
land in a subdivision that necessary improvements of lasting
quality have been installed.
ARTICLE V: DEFINITIONS
The following definitions are for the purpose of making
clear and distinct the intentions of the language used in
this ordinance, except where specific definitions are used
within a specific article or section of this ordinance. For
the purpose of such sections, the following.~.teEms, phrases,
words and their derivations shall have the meaning given herein
when not inconsistent with the text. Words used in the present
tense include the future tense, words in the plural number
include the singular number and words in the singular number
include the plural number. The word "shall" is mandatory and
the wol~ "may" is permissive.
Abuttinq Property: . "Abutting property" is property that
is immediately adjacent or contiguous to property
that is subject to review under this ordinance or property
that is located immediately across any road or public
right of way from the property subject to review under
this ordinance.
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ARTICLE V: DEFINITIONS (Continued).
Access: '"Access" is the principal means of ingress and
egress to a lot from'a publicly dedicated~right of way.
Access Waterways: An "Access Waterway-" is a waterway
which is developed or constructed in conjunction with
the division of real estate for the purpose ~f providing
access by water to lotswithin a subdivision.
Alley: An "alleF" is a right of way which affords only a
secondary means of access to property abutting thereon
and is not intended or used for general traffic circulation.
Applicant: ."Applicant" is th~ developer or his duly
authorized representative who submits to the City
Engineer's Office a plat and related plans for the purpose
of obtaining approval thereof. ....
Block: A "block" is a parcel of land entirely surrounded
by streets, streams, railroad rights of way, parks or
other public space or a combination thereof.
Buildinq: The term "building" shall mean any structure
constructed'or built' for the support, enclosure, shelter
or protection of chattels, persons, animals or the like.
The word "building" includes the word structure and shall
include anything constructed or erected which requires
permanent location on the ground or is attached to any-
thing having a permanent location on the ground and shall
include, but not be limited to, such structures as homes,
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hotels, motels, apartments; ~res, service stations,
radio towers, billboards, dooling towers, tanks, smoke-
stacks, grain elevators, windmills, siloes ~nd the 'l~ike.
Such terms shall be construed as if followed by the phrase
"or part thereof~"
Comprehensive. Plan: "Comprehensive plan" shall mean the
~eneral development plan or land use as adopted by the
City Council forthe City-of Boynto~ Beach.
Cul-de-sac or Dead-end Street: The term "cul-de~sac" or
"dead-end street" is a minor street~with only one outlet
terminating at one end with a circular turn around.
Current: The term "current" as used herein pertains to
specifications, design standards and con~_~rgction details
in effect or as may be chanqed from time to time or
amended from time to time. The term "current" shall be
applied to the time a plat or development plan is presented
for acceptance or approval.
Department of Transportation: The term "Department of
Transportation't.shallinclude the term"State Standards"
and as used herein shall refer to the Florida Sta%e Depart-
ment-of Transportation Standard Specifications for Road
and Bridge
Developer:
syndicate,
Construction as currently adopted and in use.
A "developer" is any individual, firm, association,
co-partnership, corporation, trust or any other
ARTICLE V: DEFINITIONS (Continued).
legal entity commencing proceedings Under this ordinance
to effect the subdivision of land in the City of .Boynton
Beach. Inasmuch as the s~bdivision plat is merely a
necessary means to the end of assuring a satisfactory u
development under the terms of this ordinance, the term
"developer" is intended to include the term "subdivider,"
even though-the persons involved an successive stages
of the project may vary.
Developer's Engineer: The term "developer's engineer"
means a professional engineer registered in Florida, and
engaged by the developer to plan and supervise the
construction of the work required under this ordinance
to effect subdivision~of land inthel~C~t~.3Boynton
Beach.
Easement or Servitude: An "easement" or "servitude" is
an interest in land granted ~r limited use purpose, but
which does not convey title to real property.
Flood Control or Legal Positive Drainage: "Flood Control"
or "legal positive drainage" shall mean the provision
of a storm drainage system meeting the requirements of
this ordinance, sufficient to prevent inundation result-
ing from a three (3) year storm and which conveys storm
waters to publicly dedicated and maintained drainage canals
or natural water courses. The connection of the storm
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ARTICLE V:
DEFINITIONS (Continued)
drainage systemto the publi6~y dedicated and maintained
drainage canal or natural water course shall mean a
system approved by the agency having jurisdiction Over
same, or an alternate proposal for a storm drainage..
system approved by the City Engineer.
Inundation: "Inundation" shall mean water in motion or
standing or ponded water of sufficient depth to damage
property due to the mere presence of water or the deposit
of silt or which may be a nuisance, hazard or health problem.
.Investment Proper't¥: "Investment Property" is forthe
purpose of this ordinance, real estate, the deed for which,
when offered for sale, is retained by the seller, under
contract with the buyer, for the term of
Limited Access: "Limited access" zs a strip of land or high-
way or freeway which does not permit access except at author-
ized and controlled points.
Lot: A "lot" is a portion of l~nd identified as a single
unit in a sub~iviszon and intended for lease, transfer of
ownership, use. or improvements orb a'combination thereof.
The term "lot" includes the terms "plot", "parcel" or
"tract" and shall consist of at least sufficient size to
meet the minimum requirements of the Zoning Code as to use
coverage and area.
ARTICLE V: DEFINITIONS (Continued)
Master Plan: A "master pta~" §hall be a drawing which
shows the intended division and improvements of real
property meeting the.requirements of this ordinance.
Master StormWaterManaqementPIan:._!!Master Storm Water
Management Plan"'refers to an engineering drgwing and
a written report outlining the primary and secondary
drainage and storm water treatment facilities needed
for the proper development of a specific increment Of
the incorporated .area of the City of Boynton Beach.
Mobi~ Home Subdivision: The term "mobile home park"
when used in this ordinance means a subdivision of land
for the sale of lots intended for the placement of mobile
homes and which meets the requirements ~of~_t~.~S~_ordinance
and the City of Boynton Beach Zoning Code.
Plat: The word 'plat" when used herein shall be deemed
to mean~a map depicting the division or subdivision of
land into lots, blocks, parcels, tracts, or other portions
thereof, however the same may be designated, prepared in
~accordance with ~theprovisions of this Ordinance and
those of any a~plicable law and/or local ordinance, which
may be designated to be placed on
the Clerk of the Circuit Court of
Plat, Final: The "final plat" is
record in the Office of
Palm Beach County.
a finished map of a
subdivision accurately showing all legal requirements of
the State Plat Law and the requirements of thi~ ordinance..
ARTICLE V: DEFINITIONS (continued)
Plat, Preliminary: A "pre~i~fnar~ plat"
the plat in sufficient form to readily compare
with the master plan and construction plans.
Plat~of Record: A "plat of record" is a plat which
conforms to the requirements-of~ the-mpptica~te taws ~of
is a copy of
the plat
the State of Florida and ordinances of the City,which
has been accepted by the City Council and placed in the
roads,
similar
Within the text of this ordinance, a property
official records of Palm Beach County.
Property Owners' Association: A "property owners'
association" is a non-profitorganization recognized as
such under the Laws of the State of Florida, operated
under.recorded maintenance and ownership agreements
through which each owner of a portion o~.~a,~subdivision,
be it a lot, home, property or any other interest, is
automatically a voting member, and each such member is
automatically subject to a charge for a prorated share~of
expenses, either direct or indirect, for maintaining
common propgrties withinthe subdivision, such.as
_parks, recreational~areas, common areas and other
properties.
considered to be a single entity
As used in this ordinance the
association" shall also be deemed
owners' association is
for property ownership.
term "property owners'
to include a homeowners' association, a condominium owners'
association or a cooperative (apartment) owners' ~association,
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ARTICLE V: DEFINITIONS (C~ntinued)
as defined in Chapter'711; ~or'~da Statutes, 1971, as
amended, having a life tenure of not less than twenty~
. (20) years, as well as a third party having mn agreement
with a condominium or cooperative association as permitted
by Chapter711, Florida Statutes, as amende~.
Public Utility: The term.'~public utility" as used
herein means and includes every person, corporation,
partnership .or ~association or other legal entity, %heir
lessees, trustees or ~receivers now or 'hereafter, either
owning, peratzng, managing or controlling a system or
proposing construction of a system that is providing or
proposes to provide water or sewer service, electricity,
natural or manufactured gas, or 'any
substance, telephone, telegraph Or cable TV service to
the public for compensation.
Riqht of Way: "Right ofiWay" is
a strip of land dedicated
or deeded to the perpetual use of the public.
Rural Subdivisions: A "rural subd~v~szon Ks the division
and devetopment-~of reat~estate~wher'eiu, the developer
has elected to divide and develop the real estate for
residential use, such as estates, ranchettes, etc., having
a net land area of not less than 43,560 square feet and
generally developed to establish a country atmosphere..
is
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ARTICLE V: DEFINITIONS (Continued)
Sewerage System~ Central: T~e term "central sewerage
system" is a system for the collection and disposal of
sewage,.in accordance with the approval of requisite State
County, and City agencies, from multiple' family, commercial,
industrial, institutional or other uses and shall include
pipes, p~mps, tanks, treatment plants and other appurte-
nances which comprise the system.
Seweraqe System, Individual: An"individual sewerage system"
is a system designated to serve one unit, comprised of
pipes, tanks, and subsurface absorp~hion field, or other
approved treatment device, for handling and disposing of
sewaqe wastes.
.Shall: The word "shall" is termed to be mandat~ory and the
word "may" is termed to be permissive.
.Siqht DistancE: "Sight distance" is the minimum extent of
unobstructed vision in a horizontal and vertical plane.
state Standards:
the same meaning..
The term "State Standards"
as the term "Department of
shall carry
Transportation"
as. defined in this article.
Street: The term "Street" is a strip of land designated for
vehicula~ traffic which affords a principal means of access
to a lot, or more than one dwelling unit when the strip of
land exceeds 600 feet in length, whether it is designated
as a street, highway, thoroughfare, parkway, ttucoughway,
boulevard, lane, place or however designated; excluding
however alleys and expresswaysl
road
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ARTICLE V: DEFINITIONS (Continued)
Street~ Collector: A "collector street" is a street
which carries traffi6 from local streets to'arterial
streets and includes the principal entrance streets of
as~bdivision or a development and the streets for
circulation within such subdivisions ~r developments,
and for purposes of this ordinance shall be considered
a street of higher classification than a local street.
Street, Cul-de-sac: The term "cul-de-sac" street shall
carry the same meaning as the term "cul-de-sac" as
defined in _this-article.
Street, Expressway: An "expressway" shall be deemed to
mean a street which is used only for the movement of
vehicles providing for no vehicular or ~t~st~ian access
to abutting property, except for street access by grade
separation interchanges. Access to an expressway is not
permitted except at authorized and controlled points. The
acquisition of right of way for expressways includes the
acquisition of access rights thereto.
Street, Limited Access: The term"limited access street"
shall carry the same meaning as the term "limited access"
as defined in this article.
Street, Local: A "local street" is a street designed and.
maintained to provide access to abutting property. A local
street is of limited continuity and not for through traffic.
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ARTICLE V: DEFINTTIONS (Continued)
Street~ Major Arterial: A "ma~or arterial street"..is a
street of higher-classification than local streets andis
used primaril~fo~-traffic traveling considerable~distance
within or through ian.~ area not served by an ~expressway.
A .majorarterialis.~of considerablecontinuity, Used
primarily as a main traffic artery. A major arterial may
also be a limited access traffic artery. A major arterial
may also be a limited access street.
Streets~ Marqinal Access: A "marginal.access street" is a
street-Which is parallel and adjacent to an expressway,
arterial street or limited access street or in the immedi-
ate vicinity of such streets and which has its principal
purpose of relieving such streets from local service of
abutting property byproviding protection from conflicts
with through traffic. A marginal access street may also
be called a frontage street.
Street, Minor: The term "minor street" shall carry the
same meaning as the term "local street", as defined in this
article.
Street~ Minor~Arterial: A "minor arterial street!' is a
street of~higher~classification than a local street and
is ~sed for continuous travel, primarily as a main traffic
artery, but is more intermittent than-a major arterial and
carries more traffic for greater distances than a collector
street. A minor arterial serves to carry traffic from
collector streetsto expressways and majorart~rials.
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A~!~ICLE V: DEFINITIONS (Continued)
Street, Private: A "private street" is any street"exist-
ing prior to or a't the time of adoption of this ordinance
which ,has not been dedicated for~public use-and.not-accepted
forownership or'maintenance, by the City Council. After
adoption of this ordinance, stree'ts controlled'by a property
owners' association or condominium or cooperative association
as defined by'Florida Law ~may be retained as private streets
by said association as long as said association accepts the
obligation for complete control and maintenance.
Street, Public: A "public street" is any street designed
to serve more than one property owner, and must be dedicated
to the public and be accepted for ownership and maintenance
by-the City, unless it is a private stre~w~gwed by the
terms of this ordinance.
.Subdivider: The term "subdivider" shall carry the same
meaning as the term."developer" as defined in this article.
Subdivision: "Subdivision" means the division of a parcel
of land, whether improved or unimproved, into four ormore
~ontiquous.lots or-.parcels of land, designated byreference
to the number o~ symbol of the lot or-parcel contained in
the plat of such subdivision, for the purpose, whether
~mmediate or future, of transfer of ownership or, if th~
establishment of a new street is involved, any division of
such parcel.. However, the division of land into parcels of
more than five (5) acres not involving any change in street
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ARTICLE V: DEFINITIONS (Continued)
lines or public easements o~ whatsoever kind is not to be
deemed a subdivisionwithin~the meaning of this ordinance.
The term includesare-subdivision and, whenappropr±ate
to the text, relates to the process of. subdividing or
to the land subdivided. .The following shall be exempt
and not subject to. the~provisions prescribed.by, this
ordinance:
(a) The division of lands into parcels of more
than five (5) acres in area where the sub-
division is not in conflict with ~ City thorough-
fare plan and (1) where no street~or easement of
access_ is planned to_~be dedicated and accented
by ~he public and (2) where stre~ or easements
of access are dedicated to a property owners'
association or a condominium or cooperative
association as defined by Florida Law.
(b) The combination or recombination of portions of
previously platted lots where no new parcels,
or residual parcels, result in lots of less area,
width or depth than the original lots of record.
(c) The sale or exchange of parcels of land to or
between adjoining property owners where such sale
or exchange does. not create additional lots and
does not reduce any lot to an area less than the
z0~inq district in which the property ,is.~located
ARTICLE V:
(d)
(e)
DEFINITIONS (c0n%inu~d)
permits, and no dedications or improvements.
are required under this ordinance.
Mobile home parks developed for rental purposes
under a unity of title.
Division of tracts or parcels of land where all
parcels when divided abut a public street, and
no dedication or improvements are required under
this ordinance.
Surface Waters: "Surface waters"
are those which have been
precipitated on the land or forced to the surface in springs,
and which have then spread over the surface of the ground
without being collected into a definite body or channel.
They appear as puddles, sheet or. overland flow and rills
and continue to be surface waters until trey disappear by
infiltration or evaporation, or, until by overland orvaqrant
flow, they reach well-defined watercourses or standing bodies
of water such as lakes or seas.
Surveyor: A "surveyor" is a land surveyor registered in
Florida.
Technical Review Board: The,'!Technical Review Board" or
"TRB" is a board cohsisting of the 'foilowinq members, or
their duly authorized representatives: The City Engineer,
who sh~ll be chairman for subdivision items~ the Building
Official, the Fire Chief, the Police Chief, the Director
of Utilities, the Director of General Services , the R~creation
Director and the City Planner.
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ARTICLE V: DEFINITIONS (Continue~)
Traffic Control Devices: A "traffic control device" is
any mechanism ~sed to.regulate traffic, such as pavement
striping, signs;-etc., excluding however, for the purpose
of this~ordinance, any mechanical or electrical device~
such ·as ~raffic lights.
Water Sy'stem, Central: A "central water system" is the
sup.ply of water.to serve more than one dwelling, commercial,
industrial, institutional or other units and shallin¢lude
the water source, pipes, pumps, tanks, treatment plantg
and all other appurtenances to the system.
Water System, Individual: An~"individual water system" is
a water source and other appurtenances supplying water to
only one dwelling, commercial, industrial, institutional
or other units.
Work: The term "work" shall indlude all required construction
as shown onapproved plans and specifications for all facilities
and features of any kind which are required, related to the
process of subdivision of land under this ordinance.
Zoninq Code: The term "zoning code" refers to the Zoning Code
of the City of Boynton Beach, as adopted by the City Council.
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ARTICLE VI: APPLICATION C~ ORDINAN~,
SECTION I:
REQUIRFd~ENTAND EXCEPTION OF PLATTING
No person', firm, corporationor any other association shall
create a subdivision of a tract of land anywhere in the incorpo-
rated.area of the City of-Boynton Beach except in conformity
with this ordinance. No subdivision shall be platted or recorded
nor shall any building permit be issued unless such subdivision
meets all the provisions of this ordinance and those of any
appiicable Laws of the State of Florida, and has been approved
in accordance with the requirements as herein set forth, 9xcept
that the recording of the plat may not be required if:
A. The land to be subdivided is to be divided into no
more than three contiguous lots-and because:
1. unusual conditions are created by ownership or
development of adjacent lands, or
2. the land concerned is isolated or remote in its
relationship to other platted or improved lands, or
3. the improvements and dedications existing on the
land are substantially in accordance with the
requirements of this ordinance and if the waiving
of the requirements for platting, as determined by
the Planning_and Zoning Board and the City Engineer,
would not conflict with the purpose and intent of
this ordinance.
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A~TI CLE VI:
APPLICATION OF ORDINanCE (Continued)
The resubdivision of land heretofore platted is of such
unusual size and shape or is surrounded by such develop-
ment or unusual conditions as may be determined by the
Planning and Zoning Board, the City Planner, and the City
Engineer to justify the wazving of the requirements for
preparing a replat.
SECTION II:
EXCEPTION PRE-APPLICATION
Pursuant to Paragraphs A and B above the developer shall submit
a pre-application in the manner prescribed by this ordinance.
The City Engineer, the City ~Planner and the Planning and Zoning
Board shall review the pre-application and shall determine if in
fact one of the foregoing conditions does exists, and, upon affirm-
ative determination, shall delete the requirement for platting.
~CECTION III:
EXEMPTION PRE-APPLICATION
The developer shall submit a pre-application in the manner described
by this ordinance and an Affidavit of Exemption. The City Engineer,
the City Planner and the Planning and Zoning Board shall review
the pre-application and Affidavit of Exemption and shall determine
if they are in order, and upon such determination shall approve
the Affidavit of Exemption. In the event the City Engineer and
the PlanningandZoningBoard~approves the. Affidavit of Exemption,
the developer shall be required to make available to the purchaser
proof of the Affidavit of Exemption.
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ARTICLE VI: APPLICATION OF ORDINANCE (Continued)
SECTION IV:
REQUIREMENTS IN LIEU OF PLATTING
If, pursuant'to t~is article, platting is not necessary,
of platting a certified survey shall be submitted to
Engineer's Office and the City Engineer shall
to require deeded rights of way and easments,
improvements required in connection with platting under this
ordinance, including the posting of a performance and mainte-
nance bond, as may be necessary to carry out the intent and
purpose of this ordinance.
in lieu
City
reserve the right
reservations or
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ARTICLE VII: ADMINISTRATION OF ORDINANCE
SECTION I:
RESPONSIBILITY FOR COORDINATION AND E~/FORCEMENT OF
PROVISIONS
For the purpose of coordinating, enforcing and administrating
this ordinance, the City Engineer shall be deemed the adminis-
trative officer of this ordinance except, that for the pre-application
plans the City Planner shall be responsible for the review and
administration prior to presentation to the Planning and Zoning
Board.
SECTION II:
TECHNICAL REVIEW BOARD (TRB)
The City Engineer will present all master plans~ const~uct~0~tans,-~
and preli~inar~ plats i~o th~-T~B for its review and comments before
transmiss.ion to the City Planner for placing it on the agenda of the
Planning and Zoning Board. All plans and p!a~swhen presented
to the Plannzng and Zoning Board, Other tha~'~he p~e-applica~on
plans~ ~all'~ave been signed by the appropriate member of the TRB
SECTION III:
~.AIFORMATIOI~ ~ ADVICE OR RECOMMENDATIONS
Information, advice or recommendations concerning the.
pre-application, 0~her than procedural, shall not
be given by individual members of the Planning and Zoning Board,
but shall be rendered by the entire Board only at regular meetings.
Procedural'information shall be rendered by the Administrator
of this.ordinance or.his~duly authorized representative.
Upon receiving the approval as prescribed in the "Standard
Procedures" article
for the pre-application and master plan from
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ARTICLE VII: ADMINISTRATION OF ORDINANCE (Continued)
the City Engineer, the developer's engineer and surveyor shall
coordinate the preparation of the construction plans and pre-
liminaryplat directly with the Office of the City Engineer.
Upon approval of the commencement of work, the developer's
engineer shall coordinate the construction of the required
improvements directly with the Office of the City E~gineer as
herein prescribed.
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ARTICLE VIII: STANDARD PROCEDURES
SECTION I:
ZONTNG
Prior to consideration of any proposed subdivision under the
terms of this ordinance, the area to be subdivided must have
the appropriate zoning required for the intended use. A resi-
dential, multiple family, planned development, industrial or the
like must be in the proper zoning district for such development.
SECTION II:
UNSUITABLE LAND
Unless adequate methods of correction are formulated and approved
in accordance with the provisions of this ordinance, land which
is determined to be Unsuitable for subdivis~n-~-~t6 poor soil
quality, flooding for drainage or other features likely to be
harmful to the health, safety and general welfare of future
residents, shall not be subdivided.
SECTION III:
PRE-APPLICATION
The purpose of the pre-application procedure is to allow the developer
a~d~the- City Engineer, the'City Planner-~and Planning and-Zoning-Board
the opportunity to consult informally prior to'the preparation of
the master plan and formal-application to secure
Review Board and City Engineer's approval of the
division master plan.
the Technical
proposed sub-
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ARTICLE VIII:
STANDARD PROCEDURES (Continued)
A written pre-application shall be_submitted to the Office of
the City Pt~nner .for placement on the agenda of the Planning
contain the
~hd zoning ~ard.~_ The w~i~te~ application shall
following:
1.
Seven copies of a written statement generally
describing the condition of the site and the
proposed development of the entire subdivision.
This statement shall include but is not necessarily
limited to data on existing covenants, location of
utility facilities, general soil characteristics
and information describing the subd~s~ion proposal
such as number of units, typical lot, public areas,
anticipated~utility source and any other information
considered pertinent.
Sevencopies of a sketch plan including the follow-
ing on a 24" x 36" sheet: a vicinity sketch showing
the location of the land to be subdivided; approxi-
mate acreage; natural features such as low or swampy
areas, streams, lakes or canals; identification
of adjacent lands; a brief description of the land
to be subdivided; name, telephone number and address
of the developer; date; northpoint; streets; general
24
ARTICLE VIII:
STANDARD PROCEDURES (Continued)
lot and block layout; layout of all adjoining
streets; zoning classification of the tract and
adjacent properties; location of existing improve-
ments and any other significant
A fee of fifty dollars ($50.00)
the pre-application, to help defray
processing the pre-application.
features.'~
is required with
the cost of
Upon receipt of the statement, plan.and fee, the City
Planner'S'Office Shall disperse copies to the' City
Manager, ~echn~6a'l'Rev-~w Board Members,. the City Clerk
.%q~,~f _required~ 'the 'Cit~ ~ s consulting Engineers. The
City Planner_ wil!_thenadvise .... the developer., of the time and
place of the Planning and Zoning Board meeting. After
consultation with the City Engzneer and the Planning and
Zoning Board, the developer may proceed with the preparation
and formal application for approval of the master plan
as required by this ordinance.
SECTION-IV:
MASTER PLAN
A. S~en copies of the Master Plan of the proposed subdivision
mus= be submitted to the City Engineer's Office for place-
ment on the ~echhical Review Board-agenda.
25
ARTICLE VIII: STANDARD PROCEDURES (Continued)
The Master Plan,
Engineer, shall
1.
The developer shall retain the services of an engineer or
surveyor registered in Florida, to prepare the master.plan
of the subdivision and shall employ a land planner, landscape
architect, architect or other technical or professional
services to assist in the physical lotting patterns
and site plan. The Master Plan shall be coordinated with
the major utility suppliers involved with providing
services.
when-submitted to the Office of the City
contain,the following:
Name of subdivision or identifying title which shall
~not--dnplicateor ctosely approximate the name of any
other subdivision ln.~inc6rporated or unincorporate~
areas of Palm Beach County.
A vicinity sketch showing the location of the tract
in reference to other areas of the City or County.
North arrow, graphic scale, scale and date,
Name, address and telephone number-of the 'developer,
along with the name and address of the engineer and
surveyor responsible forthe plan, plat and'support-
ing data.
The location and names of adjacent subdivision, if
any, and plat book and page reference.
The tract boundary with bearings and distances along
with a written description.
- 26 -
ARTICLE VIII: STA~/DARD PROCEDURES (Continued)
7. Topographical conditions on the tract including all
the existing water courses, drainage ditches and
bodies of water, marshes~ and other significant
features.
8. Ail existing streets a~d alleys on or adjacent to the
tract including ~ame, right of way width, street .or
pavement width and established centerline elevation.
Existing streets shall be dimensioned to the tract
boundary.
9. All existing property lines, easements and rights of
way, their purpose, and their effect on the property
to be subdivided.
10. The location and right of way width~,-~llproposed
streets, alleys, r~ghts of way, easements and their
purpose along with the proposed layout of the lots
and blocks.
11. The incorporation and compatible development of present
and future streets as shown on.the Official City Map
when such present or future streets are affected by
the proposed subdivision.
12. Access points to collector and arterial streets show-
ing their compliance to the access requirements
established by this ordinance.
- 27 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
13. Ground elevations by contour line at intervals of not
more than one foot based on ~.O.S. datum or as other-
wise determined by the City Engineer.
14. All existing drainage district facilities and their
ultimate right of way requirements as they affect the
property to besubdivided.
15. Generalized statement of subsurface conditions on the
property, location and results of tests made to
ascertain subsurface soil conditions and ground water
depth.
16. Zoning classification of the tract.
17. Utilities such as telephone, power, water, sewer, gas,
etc. on or adjacent to the tract-in~ng existing
or proposed water treatment plants and sewerage
treatment plants. The Master Plan shall contain a
statement that all utilities are available and have
been coordinated with all required utilities.
18. Sites proposed for parks, recreational areas, and
schools.
19. The locations of all temporary
structures or permanent
structures having a temporary use.~ In addition, master
plans or site plans showing permanent structures having
a temporary use shall contain a statement outlining_
the temporary use.
28 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
19.
Continued ....
Master plans or site plans showing temporary structures
or permanent structures having a temporary use shall be
reviewed by the City Building Official at least eighteen
(18) months from the last approval date.
Following approval of a master plan or site plan, such
structures may be erected prior to plat recordation.
All such permit~ and construction requirements of the
Building Department, including but not limited to
Chapters 5 and 5A of the City of Boynton Beach Code of
Ordinances shall be satisfied.
~A ~ubdivision fha%generates 3000 vehicle single directional
trips per day or 250 vehicle single directional trips in a
one hour period must submit along with the master plan, a
traffic impact analysis. The traffic impact analysis shall
be prepared by a Professional Engineer _competent in Traffic
Engine~rin~ and shall be-used to determine the number or'lanes
and capacity of th~ street system proposed or affected by the
development, and the phasing of improvements.
A master storm water management plan outlining the primary
and secondary drainage and storm water treatment facilities
needed for the proper development of the subdivision, exclud-
ing tertiary facilities, which are required on construction
plans, shall be submitted along with the masterplan. The
master storm water management plan shall consist of an
- 29 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
engineering drawing and a Written report indicating the
method of drainage, existing water elevations, recurring
high water elevations, the proposed design water elevations,
100 year storm elevation, drainage structures, canals and
ditches, the storm-water treatment methods, necessary
percolation, detention and managementareas, and~any.other
pertinent information pertaining to the control and manage-
ment of storm and~qround water. In cases where modification
or improvements are neither planned nor required for primary
and secondary drainage facilities, this requirement may be
accomplished by so indicating on the master plan.
Upon filing~the.~Master-Pl~nwith Me Office of the City
Engineer, the developer shall pay a fee of fifty dollars
($50~00). The fee is not reimbursable but is to help defray
the cost of administering and processing the Master Plan.
If more than one resubmittal of corrected or revised Master
Plan is required by the Technical Review Board an additional
$50.00 fee shall be charged for each resubmittal.
Upon
City Engineer's Office shall disperse
of the Technical Review Board and the
receipt of the Master Plan and required dat~, the
copies to the members
Palm Beach County School
Plant Planning Department and advise the developer of the
time and place of the Technical Review Board meeting. The
meeting, oftheTechnical Review'Board shall beheld~within
14 days from the receipt of the Master Plan.
- 30
ARTICLE VIII:
H.
STANDARD PROCEDURES~. (Continued)
The Technical Review Board ~h~ll hold its meeting as required
and shall review the Master Plan and required data with the
developer. During consultation with the developer, the
City Engineer shall inform the developer that the plan and
data as submitted do or do not meet
ordinance.
1.
the provisions of this
When the Technical Review Board finds that .the Master
Plan and required data do not meet the provisions of
this ordinance, it shall advise the developer at the
time of the meeting what corrections or revisions are
necessary to meet the provisions of this ordinance and
shall, within seven (7) days, express the reasons in
writing to the developer. Upon such~f~dings, the
develOper shall make the corrections or revisions and
resubmit the Master Plan and required date to the Office
of the City Engineer for dispersement to the members
of the Technical Review Board. The Technical Review
Board shall reschedute the matter for review and inform
the developer as to the time and date of the meeting.
When the Technical Review Board finds that the Master Plsn
and-required data meet the provisions of this ordinance,
the Technical Review Board shall at the time sign the Master
Plan indicating their approval and transmit the Maste~ Plan
to the Planning and Zoning-Board. The Planning and Zoning
Board will (subject to thei~ approval) then authorize the
developer to proceed with the preparation of the con-
struction plans and preliminary plat as required by this
- 31 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
ordinance. The Planning and Zoning Board shall
express their actions in writing to the develope~
within seve~ (~) da~s and return to him a signed
copy of the approved Master Plan.. _-~
SECTION V:
CONSTRUCTION-PLANS~AND-P~IMI~NARY?LAT
A. Upon approval of the m~ster plan by the Technical Review Board
the developer shall have prepared and shall submit to the City
Engineer's office within six (6) months two sets of construction
plans and six (6) sets of the preliminary plat along with a
nonreimbursable fee of fifty dollars ($50.00) payable to the
City of Boynton Beach. The subdivision of a large tract may
be developed in two ormore increments a~'~developer' may
submit .construction plans anda preliminary-plat.for~approval
to develop the subdivision in increments. The construction
plans and preliminary plat shall coincide with the master
plan or site plan as approved, and major deviation desired by
the devetopermust be approved by the Technical Review Board
by application from the developer .and'resubmittal~
Be
CONSTRUCTION PLANS:
1. Construction plans shall be submitted for all the
improvements required by this ordinance. The plans
shall be under separate cover for each of t~e following
-when-required:
a. Paving, grading and drainage. - 32 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
b. Bridges
c. Water and sewerage systems
d. Street lighting, landscaping within public
rights of way,
parking areas.
parks, recreational areas and
Plans for street lights
. shall~have the-approval-of, therequisite
Utility authorities involved.
2. The plans shall be so complete that~from them a complete
review and analysis can be'made without research of
any outside data. The plans shall consist of and contain,
but shall not be limited to:
a. A cover sheet, including a vicinity sketch.
b. Plan showing complete details in~d~ing water,
sewer and storm~drainage-systemso
c. In addition to a master storm water management
plan, complete calculations used to design the
storm water system shall be submitted.
d. Typical sections and summary of quantities.
e. Construction details showing compliance with
City standards, or alternate
by the City Engineer.
f. Special profile sheets, if necessary,
special or-unique situtations.
g. Bench mark, based on N.O.S. datum.
design as approved
showing
33 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
h. Soil analysis, Sh0~in~ %h8 locations and results
of test borings of the subsurface condition of
the tract to be developed. Where non-pervious
soils (commonly called hardpan) are encountered,
the plans shall reflect a satisfactory design
to cope with such conditions. If the soil
analysis reflects that the area contains hard-
pan or other non-pervious soils, the City Engineer
shall require such additional design and construction
as are necessary to assure proper drainage and
development of the area.
i. The plans shall contain the special conditions and
specifications pertaining to
note form on the,plans, such
(1) Required compliance with
the.~ub, di~ision zn
as:
this ordinance.
(2) Where applicable, required compliance with
State Standards as currently adopted and in use.
(3) Minimum standards for materials.
(4)-Test requirements for stabilization, base and
backfill.
(5) Source of water and sewer service.
(6) Required installation of subsurface construction
such as water lines, sewer lines, public utilities
and storm drainage prior to compaction of sub-
grade and roadway~constr~ction.
- 34 -
ARTICLE VIII: STANDARD PROCEDURES IContinued)
an engineer appointed
A certified cost estimate
developer's engineer and shall include the
surveying and all required improvements.
3. a. Plans shall be prepared, certified and sealed by
the developer's engineer. Two sets of plans
for paving and drainage; bridges; water systems;
sewerage systems; and street lighting ~(optional)
having_the approval of Florida Power and Light;
landscape,, parks, ~recreational areas and parking
areas shall be submitted to the Office of the
City Engineer for review and approval. Prior to
issuance of a Building Permit (land development)
the plans shall have all applicable approvals of
all requisite governmental agencies having juris-
diction which are affected by the development.
b. Projects engineered by more than-~'~irm shall
be coordinated by a single engineering firm or
by the developer.
4. shall be prepared by the
cost of
PRELIMINARY PLAT:
1.
Six (6) prints of the preliminary plat shall be submitted
to the Office of the City Engineer along with the con-
struction plans.
The preliminary plat shall meet all the requirements of
Section VT of this Article,
mitred without restrictive
minium documents, deeds or other
except that it may be sub-
convenant documents, condo-
legal documents not
ARTICLE VIII:
related to the
project.
STANDARD PROCEDURES (Continued)
survey or engineering design of the
3. The preliminary plat may be-submitted without signatures
and seals.
APPROVAL ~ OF CONSTRUCTION. PLASPS AND PRELIMINARY PLA~.
The City Engineer's Office and the TRB shall review_tt~e_construction
plans and the preliminary pl, at as to their conformity with
this ordinance and within thirty (30) days from the date of
the submittal of the plans and/or plat the City Engineer's
Office shallJ-inform the developer's engineer that the plans
and/or plat as submitted do or do not meet the provisions
of this ordinance.
1. When' the City Engineer's Office finds that the construction
plans and preliminary plat as submitted do not meet the
provisions of this ordinance, the City Engineer shall
advise the developer's engineer in writing and reference
shall be made to the specific article, section and
paragraph with which the plans and plat do not comply.
Upon such findings,- the developer' s engineer shall~make
the corrections or revisions as defined in the written
statement and shall resubmit the construction plans and
preliminary plat.
36
ARTICLE VIII: STANDARD PROCEDURES (Continued)
am
e
When the City Engineer's Office and the TRB determines that
construction plans and preliminary plat meet the pro-
visions of this ordinance, it shall submit them to the
Planning and Zoning Board for comments and recommendations.
The Planning and Zoning Board will then give the con-
struction plans andpreliminary_ plat,with their comments
and recommendations, to the City-Manager for placement
onthe agenda of the next meeting of the City Council.
The City Council will approve or disapprove the con-
struction plans and preliminary plat and will direct
the City Engineer to so advise the developer of their
decision.
~hen the City Council rules that the~ons~truction plans
or the preliminary plat are not acceptable, the developer
and/or the developer's engineer will consult with. the
City Engineer to determine what changes are required.
When the City Engineer receive~ the changes as requested
he will resubmit the construction plans and preliminary
plat to the City Manager for placement on the City
Council agenda.
When the City Council approves the construction plans
and preliminary plat it shall direct the City Engineer
to advise the developer's engineer and furnish a written
statement of Technical Compliance and Surety Establish-
ment~ Upon receipt of. Technical Compliance.the~developer's
- 37 -
the
ARTICLE VIII: STANDARD PROCEDURES (Continued)
Se
engineer shall submit ~
having the Health De.partment~s
submission of the final plat.
Technical Compliance of the
(6) Sets of construction plans,
approval! at the time of
construction plans and
preliminary plat shall not constitute acceptance of the
final plat, rather it shall be deemed an expression
of acceptance of the layout submitted on the pre-
liminary plat as a guide to the preparation of the
final plat.
Technical Compliance of the construction plans and pre-
liminary plat shall not be construed as authority for
filing the plat with the Clerk of the Circuit Court of
Palm Beach County, nor as authorit~%~r~the sale of lots
in reference thereto.
Prior to completing the requirements of the Final Plat
section of this article, building permits shall not be
issued for any structure on a lot wherein the final plat
has not been recorded in the manner prescribed, unless
the recording Of the plat is not required by Article VT
of this ordinance, or unless a master plan or site plan
showing the structure and/or explaining its use has been
approved by the Technical Review Board.
- 38-
ARTICLE VIII: STANDARD PROCEDURES (Con~ued)
SECTION VI:
PREPARATION OF FINAL PLAT
As the final stop in the roviow proceduros to obtain approval
for a subdivision in the City of Boynton Beach, the dovolopor
shall submit a final plat. Submission of a final plat to the
City Enginoer and the posting of a Performance Bond in the
amount of the total ostimatod cost of implementing the
City approvod construction plans. Said Porformanco Bond
shall be made payablo to the City of Boynton Beach. No
improvomonts, including streets, drainago and the liko shall
be accepted and maintainod by the City unless and until the
final plat has boon approvod by the City Enginoer and the
City Council and duly recordod by the C~ ~.~ , .... _
Court.
A. Upon filing application for final plat approval, the
developer shall pay a fee of $150.00 to help defray the
cost of processing the final plat. In addition to the
processing fee, the developer shall pay a fee of 1% of
the estimated cost of construction of those improvements
required by this ordinanceS'%8 defray the cost of admini-
stration of the subdivision. -- ~
- 39
ARTICLE VIII: STANDARD PROCEDUP~ES (Continued)
Within six (6) months from the date of the written tech-
nical compliance of the construction plans and .preliminary
plat, the final plat shall be prepared and submitted to
the Office of the City Engineer.
final plat within six (6) months
cation under the Constrnction
section of this article.
The final plat shall conform to the
Failure to submit the
shall require reappli-
Plans and 'Preliminary Plat
approved master plan
or site plan and shall constitute only that portion of
the master plan or site plan which the developer proposes
to develop within twenty~one (21) months.
The final plat shall be drawn or printed on 24 inch x 36
inch linen, chronoftex, mylar or or,. ~.~pproved material.
The final plat shall be prepared by a land surveyor currently
registered in the State of Florida and is to be clearly and
legibly drawn with black permanent drawing ink or veritype
process to a scale of not smaller than I inch = 100 feet,
or as otherwise determined by the,~ity Engineer. The final
platshall-be prepared in-accordance with~the provisions
of Chapter 177, Florida Statutes, as amended, and shall
conform to the following requirements:
1. NAME OF SUBDIVISION.
The Plat shall have a title or name acceptable to
the City. When the plat is a new subdivision, the
name of thelsubdivisionshat~.notdupticate-.nor~be
- 40 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
phonetically similar to the name of any existing
subdivision. When the plat is an addition to a
recorded subdivlsion, it shall carry the same name
as the existing subdivision.
2. TITLE
~he platshall have a title printed in bold legible
letters containing the name of the subdivision;
the name of the City, County and State; the section,
township and range as applicable and if the plat is
a replat, amendment or addition to an existing
subdivision, it shall include the words "section,
unit, replat, amendment, etc."
3. DESCRIPTION
There shall be lettered or printed upon-the, plat a full
and detailed boundary description of the land embraced
in the plat. The description shall~show the section,
township and range in which the lands are situated
and must be so complete that from it without reference
to the map the starting point can be determined and
the boundaries run.
INDEX
If more than one sheet is required for the map, the
platshall contain anindex sheet on.Page 1, showing
%he entire subdivision on the sheet indexing the area
shown on each succeeding sheet and each sheet shall
- 41 -
ARTICLE VIII:
STANDARD PROCEDURES (Continued)
contain an index delineating that portion of the subdivision
shown on that sheet in relation to the entire subdivision.
When more than one sheet must be used to accurately portray
the lands subdivided, each sheet must show the particular
number of that sheet and the total number of sheets included,
as well as clearly labeled match
SURVEY DATA.
The final plat shall show the
with central angles, radii, and
Sufficient survey data shall be
the boundary of each lot, block,
lines on each sheet.
length Of all arcs together
points of curvature.
sh~n to positively describe
right of way, easement and
all other areas shown on the plat and all areas shall be
within the-boundary of the plat as shown in the description.
The survey data contained on the plat shall also include:
a. The scale, both stated and graphically illustrated on
each sheet.
b. A prominent "north arrow" shall be drawn on every sheet
included showing any portion of the lands subdivided.
The bearing or. azimuth~reference shall be clearly
stated on the face of the plat in the notes or legend.
c. The point of beginning shall be boldly shown toge'ther
with the letters P.O.B. in bold letters.
d. All intersecting street right of way lines shall be
joined by the long chord of a minimum radius of 25 feet
and all dimensions shall be shown.
e. All adjoining property shall be identified by a sub-
- 42 -
ARTICLE VIII:
STANDARD PROCEDURES (Continued)
division title, plat book and page or if unplatted,
the land shall be so designated.
f. Permanent reference monuments shall be shown in the
manner prescribed by Chapter177, Florida Statutes,
as amended, and shall be installed prior to submission
of the final plat.
g. There shall be reserved on each sheet of the plat
a 3 inch by 5 inch space in the upper right hand
corner to be used by the Clerk of the Circuit Court
for recording information and each sheet shall
reserve three (3) inches on the left margin and a
half (1/2) inch margin on all remaining sides.
h. The'map"shall~mathemati~alty close within .01 feet
and shall be accurately tied to all Township,
Range and Section lines occurring within the sub-
division by distance and bearing. In addition,
the initial point in the description shall be
accurately tied to the nearest quarter section
corner or section~corner or governm?nt~corner.
The cover sheet or first page of the plat shall show
a vicinlty ~ketch, showing the subdivision's location
in reference to other areas of the City.
LOT AND BLOCK IDENTIFICATION
Each lot and block shall be numbered or lettered. Ail lots
shall be numbered or lettered by progressive n~unbers
or letters individually throughout the subdivision or
- 43 -
ARTICLE VIII:.. STANDARD PROCEDURES (Continued)
Be
progressively numbered or lettered in each block. Blocks
in each incremental plat shall be numbered or lettered
consecutively throughout a subdivision.
STREET NAMES
The plat shall contain the name of each street shown on
the plat. Proposed streets which are in alignment with
other existing and named streets shall bear the same
name of the existing street. In no case, except as
indicated in the preceding sentence, shall the name of
the proposed street, excluding a numerical system,
duplicate or be phonetically similar to existing
street names, regardless of the use of the suffix
street, avenue, boulevard, drive, p~, court, etc.
NOT INCLUDED PARCELS
Not included or excepted parcels must be marked "not a
part of this plat." Where a not included parcel is
completely surrounded by areas included within the
plat, sufficient easements or rights of way to provide
necessary~ access, utilities, and drainage to the not
included parcel shall be provided. No strip or parcel
of land shall' be reserved by the owner unless the same
is sufficient in size and area to be of some particular
use or s~rvice. The intended use of all reserved areas
shall be shown on the plat in note form on the cover sheet.
- 44 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
9. RIGHTS OF WAY AND EASF/~ENTS
Ail right of way and easement widths and' dimensions
shall, be shown on the plat. The plat shall contain a
statement that no buildings shall be placed~on ease-
ments.
I0. RESTRICTIONS, RESERVATIONS AND RESTRICTIVE CO~NANTS
Restrictions pertaining to the type and use of water
supply; type and use of sanitary facilities; use and
benefits of water areas, canals and other open spaces;
odd-shaped and substandard parcels; restrictions con-
trolling building lines; establishment and maintenance
of buffer strips and walls; and restrictions of similar
nature shall require the establishment of restrictive
covenants.and such covenants shall'be'noted on the plat.
Documents pertaining'~to restrictive covenants shall be
submitted with the final plat.
I1. Land located within the municipal limits of the city, which
includes any private lakes, canals or other types of
waterways shall be included on the original plat and a
formal acceptance by thesubdivider, his grantees and
assigns, of the responsibility for maintenance ~said
private lakes, canals or other waterways, and, further,
.the-duty, at their expense, of keeping same free of weeds,
hyacinths, cloggage or other debris or noxious material.
- 45 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
12. PRIVATE STREETS AND RELATED FACILITIES
Ail streets and their related facilities ~esigned to
serve more than one property owner shall be dedicated
to the public use; however, private streets shall be
permitted within property under single ownership, s~ch as a
property owners' association. Where private streets
are permitted, ownership and maintenance association
documents shall be submitted with the final plat and
the dedication contained on the plat shall clearly
dedicatethe roads and maintenance responsibility to
the association without recourse to the City or any
other public agency. The rights of way and related
facilities shall be identified as tra~'.~r, oad pur-
poses under specific ownership.
13. CERTIFICATIONS ANDAPPROVALS
The plat shall contain on the face or first page the
following certifications and approvals, acknowledged as
required by law, all being in the form set forth in the
appendix to-this ordinance.
a. Dedications. The purpose of all reserved areas
shown on the plat shall be defined in the dedication
on the plat. All areas reserved for use by the
residents of the subdivision shall be so dedicated
and all areas reserved for public use, such as parks,
rights of way for roads, streets~or alleys,however
the same may be designated; easements for utilities,
-46
ARTICLE VIII: STANDARD PROCEDURES (Continued)
rights of ~ay and easements for drainage purposes
and any o~her area, hcwever designated, shall be
dedicated by the owner of the land ~t the time the
plat is recorded.
b~ Mortqaqee's Consent~and Approval All mortgages
along with the Mortgagee's Consent and Approval of the.
dedication shall be required on all plats where
mortgages encumber the land to be platted. The
signature(s) of the mortgagee or mortgagees, as the
case may be, must be witnessed and the execution must
be acknowledged in the same manner as mortgages are
required to be witnessed and acknowledged. In case
the mortgagee is a corporation, the consent and
approval shall be signed in behalf Of the corporation
by the president orvide president and the secretary
or an assistant secretary, respectively, by and with
the authority of the Board of Directors.
c. Certification of Surveyor. The plat shall contain the
signature, registration number and official seal
of the land surveyor, certifying that the plat is
__a-true..~and. correct..representation of the land
surveyed under his responsible direction and super-
vision and that the survey data compiled and shown on
- the plat complies with all of the requirements of
Chapter 177, Florida Statutes, as amended, and this
- 47 -
ARTICLE VIII: STANDARD PROCEDURES (Continued)
ordinance.
permanent reference monuments,
set in compliance with Chapter
as amended, and this ordinance,
The certification shall also state that
"P.RoM.," have been
177,Florida Statutes,
and the P.C.P.'s
will be set under the direction and supervision of
the surveyor within one year from the date the plat
was recorded. When plats are recorded and improve-
ments are to be accomplished under surety posted as
provided for by this ordinance, the Required Improve-
ments and surety shall include P.C.P.'s.
City Approval. .The plat shall contain the approval
and signature block and date for th~iJ~a~or and the
City Engineer and the acknowledgment and signature
block of the City Clerk.
County Approval. The plat, when required by th~ Cit~
Council (see Section VItB), shall also contain the
da~e,.of approval .of the Board of County Commissioners,
the smgnature.block of the Chairman of the' Board, the
siqnature~ block of_the County Engineer, and the
acknowledgment and signature block of the Clerk
of the Circuit Court.
- 48 -
ARTICLE VIII: STANDARD PROCEDUP~ES (Continued)
f. Certification of Ti{~. ~ title certificate shall
be contained on the faee or first page of the plat.
The title certificate shall state: (1)
as described
and apparent
persons or organizations executing t~e dedication;
(2) that all .taxes have been paid on said !ands
as required by Section 197.051~ F19rid~ S~t~teSl~ --~
as amended; and, (3) all morEgages on the land and
indicate their official record book and page number.
The title certification must be an opinion of an
attorney-at-law licensed in Florida, or the
certification of an abst~actor ~title insurance
company licensed in Florida.
g. Instrument Prepared By. The name and address of the
natural person who prepared the plat shall be con-
tained on the plat as required by Chapter 695.24,
Florida Statutes, as amended. The name and address
Sh&ll be in Statement form consisting of the words,
"This instrument was prepared by (name)
(address) . -
that the lands
and shown on the plat are in the name,
record title is held by the person,
49 -
ARTICLE VIII: STANDARD PROCED~0~inued)
14.
MOBILE ~O~E P~/{ SUBDIVISIONS
Areas to be subdivided for the purpose 9f a
subdivision shall be in the properzone for such
development and priorto the submittal of the final
plat and supporting data, shall have the approval
of the final zoning authority and shall meet all of
the requirements of the Zoning Code. The dedi-
cation on the plat of a mobile home subdivision
shall include the following additional provisions or
wording equal hereto: "Said owner(s) hereby
dedicate(s) the lots shown on the plat exclusively
for mobile home or trailer parking and use inci-
dental thereto, except as to the lo~ndicated for
other purposes on the plat and mobile home or
trailer parking is prohibited elsewhere than on the
indicated lots. ~reas indicated as parks or play-
grounds are dedicated for the use of the owners
of the lots shown~on this plat." Mobile home sub-
division plats shall conform to all the requirements
of this ordinance, the requirements of the City of
Boynton-Beach Zoning Code and shall comply with
the requirments of Chapter 177, Florida Statutes, as
amended.
mobile home
5O
ARTICLE VIII: STANDARD PROCEDURES (Continued)
o
annually, during the process of construction and upon
request by the developer, the City Engineer may recommend
to the City Council, for theirapproval, reduction in
the dollar amount of the bond on the basis of work
completed, provided, however, sufficient funds shall
'~-remain't°'c°mplet~the~Required'Improvements.-'The ~ity,
after sixty (60) dayW written notice to the developer,
shall call on the bond to insure satisfactory completion
of the Required Improvements in the event of default by
the developer, or failure of the developer to complete
such improvements within the time required by this
ordinance.
A check payable to the City ofBoynto~a~.for~ ~ -~ · ..... ~-$15~.00' ~ -
plus 1% of all.Required Improvements.
A copy of the condominium documents, if the development
is a condominium. The condominium documents shall indicate
the maintenance responsibility for street lighting. The
condominium documents shall provide for the formation
of a special taxing district to assume maintenance
responsibility for street lighting system in the event
of the dissolution of the condominium association.
Supplementary material designated by the office of the
City ~ngineer, i.e.~, deeds, ,easements, .etc., when .access,
- 52
ARTICLE VIII: STANDARD PROCEDURES (Continued)
15. EXISTING 0RRECORDED STREETS.
The plat shall show the name, location and width of all
existing or recorded streets intersectin~ or contiguous
to the boundary of the plat, accurately tied to the
boundary of the plat, by.bearings .and distances.
E. Ail Plats for Planned Unit Developments shall contain "PUD"
within the title.
SECTION VII:
SUBMISSION OF FINAL PLAT
A. Upon completion of the foregoing requirments, the final plat
shall, be submitted to the Office of the City Engineer and be
accompanied by the following:
t. Six (6) sets of the construction pla e~h~f~.o~ .~_~.~
Technical Compliance and having Health Department approval.
2. Surety Bond. The developer shall furnish the City a
surety or performance bond obtained from a company having
a Best's rating of AAA, guaranteeing that within the
time required by this ordinance, all work required will be
completed~in futl--accordancs with-the plat and all con-
ditions attached thereto, copies of which shall be attached
to and constitute a part of the bonded agreement. Said bond
shall be in an amount equal to' 100% of the total cost of
surveying and construction for t~e installation and-completion
of all required ~mprovements including sidewalks. Semi-
51 -
ARTICLE VIII: STANDARD PROCEDURES (ContinUed)
drainage, or utility servicer ~annot be accomplished
throughplatted rights or way deeds or easements to
accomplish access, drainage or utility service.
B. The City Engineer shall_examine the final plat as to its com-
pliance with the Constitntion and statutes of the State of Florida
and t2ae ordinances of the City of Boynton Beach andshalI in
writing, within thirty (30) days, report his finding, recom-
mendations or approval to the developer. Such action shall be
specified in writing and a reference shall be made to the
specific article, section and paragraph with which the final
plat does not comply, if deficiencies exist, they shall be
corrected by the developer-upon written notice. If the final
plat meets the provisions of this. ordinance, complies with
the Constitution of the Statutes of' the ~State of Florida and
the ordinances of the City of Boynton Beach, the City Engineer
shall submit the final plat and its accompanied documents to the
City Planner and thence to the City Manager for placeme_nt on
the City Council agenda for approval. The City Council may after
their approval also require County approval prior to
SECTION VIII:
FINAL PLAT RECORDING REQUIREMENTS
The final plat, signed by the Mayor,
edged by the
City Clerk.
Beach County
required)
recording.
the City Engineer and acknowt-
City Clerk, shall be returned to the developer by the
The developer will then present the plat to the Palm
Cl~k (or C6unty Engineer if county~ 9pproval is
to complete the formal recording process.
ARTICLE VIII: STANDARD PROCEDURES~(Continued)
SECTION IX: LAND DEVELOPMENT PERMIT
A Land Development Permit shall be required prior to commence-
ment of constructio~ of Required Improvements. The Land
Development Permit shall be issued by the City Engineer in
conjunction withapproval of and agreement for eonstr~Ction
of Required Improvements, and the formal approval of the final
plat by the City Council.
- 54
ARTICLE IX: REQUIRED IMPROVEmeNTS
The following tangible improvements are required in con-
junction with the development of a subdivision within the incorpo-
rated area of the City of Bolrnton Beach. The Required Improve-
ment shall not commence until a Land Development Permit has been
issued by the CityEngineer.
SECTION.I:
ALLEYS
Alleys are required along rear lot lines of commercial subdivisions
and are permitted in industrial subdivisions.
SECTION II:
BRIDGES AND CULVERTS
Where
lakes, streams, waterways or channels,
be provided as necessary to facilitate
a subdivision is traversed or develops canals,
bridges or culverts
the proposed street
water courses,
shall
system.
The bridge or'culvert requirement is subject to the agency havin~
jurisdiction over above enumerated facilities or as required by
the proposed street layoutb~ the development in conjunction with
a proposed waterway.
SECTION III:
BUFFER AREAS (SCREENING)
Subdivisions shall-be-buffered-for the protection of residential
properties with a
chain link fence,
five (5) foot high masonry wall or landscaped
or some other equivalent buffer which shall also
55 -
ARTICLE IX: REQUIRED IMPROVEMENTS (Continued)
be at least five (5) feet in height when necessary to separate
residential developments from commercial and industrial develop-
ments, except where such developments are separated by a golf
course or other equivalent barriers. Residential developments
shall be buffered and protected from adjacent expressways;
arterialsand railroad rights.of way~,with a.five .(5) foot limited
access easement,which shall be shown and designated on the plat,
except where access is p~ovided by means of a marginal access
road orwhere such ~xpr~ssway, arterial Or railroad right of way
abuts a golf course. In the alternative, a five
decorative masonry wall or landscaped chain
other equivalent buffer which shall also be
high, may be
feet wide.
(5) foot high
link fence or some
at least five (5) feet
provided in a limited access e~ment up to five (5)i/
SECTION IV:
CLEARING - GRADING - FILLING
The subdivision shall be graded and where necessary filled to
comply with the drainage design Prescribed in the Design
Requirements article of this ordinance. Developers shall be
required to clear,all-rights,of way and~to make all'grades, for
streets, alleys, lots and other areas, compatible for drainage
as prescribed in the drainage design. The type of fill within
the rights of way shall be satisfactory to and meet with the - '-
approval of the City Engineer, who shall require soil tests
of the backfill and the underlying material at the cost of the
56 -
ARTICLE IX: .REQUIRED IMPROVEMENTS. (Continued)
developer to certify the type of material and method of
placement. In the interest of the preservation of existing
trees and other natural beauty, the City Engineer may
vary the requirements of this section where aesthetic and
environmental conditions will be enhanced but will not affect
proper draina~e~of the area.
SECTION V:
DRAINAGE
A. DRAINAGE° An adequate drainage system, including
necessary ditches, canals, swales, percolation areas,
detention ponds, storm sewers, drain inlets, manholes,
headwalls, endwalls, culverts,
purtenances shall be required
bridges and other ap-
in all subdivisions for the
drainage of Storm and ground water. The dr~nage system
shall also provide fo~ protection from surfsce waters
affecting the subdivision.
B. STORM WATER TREATMENT. Storm water treatment facilities
shall be required in the subdivision to control storm
water by providing for on-site percolation and/or detention
~ or any other a~propriate treatment technique- for storm~water.
SECTION VI:
FIRE PP/DRANTS
Fire hydrants shall be provided in all resmdential, commercial and
industrial 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.
- 57
ARTICLE IX: REQUIRED IMPROVEMENTS (Continued)
SECTION VII:
MONUMENTS
Monuments shall be set as prescribed by Chapter 177,
Elorida Statutes, as - amended.
- 58
'~ -"~RTICLE IX: REQUIP~ED IMPROVEMENTS (Continued)
SECTION VIII:
PARKS AND RECREATIONAL AREAS
A. REGIONAL OR METROPOLITAN PARKS A_ND PRESERVATION/CONSERUATION
AREAs
Where a_planned-regional or. metropolitan park.or preservatioh/
conservation area is shown on the City's or County's Compre-
hensive Land Use Plan or other official map o~ plan of said
planned area, the developer shall be required to reserve such
area for a period not to exceed two years during which time
the City or County shall either acquire the property or re-
lease the reservation. Such time period shall commence with
an official inquiry to the City Council by a developer or pro-
perty owner proposing development of such area.
RECREATIONAL AREAS
1. Purpose. This Section
Se
is enacted to insure that future
land development within the city provides land for park or
recreational purposes in accordance with the Open Space
and Recreation Master Plan a~ adopted by the City of
Boynton Beach.
Requirements. As a condition of final p~at approval, the
subdivider shall agree in writing the d~dication of land,
pay a fee in lieu thereof, or both, at the option of the
City, for park or-recreational purposes at the time and
according to the atandards and formula in this ordinance.
General Standard. It is hereby found and determined that
the public interest, convenience, health, welfare and
safety require that six (6) acres of property for each
- 59-
ARTICLE IX: REQUIRED IMPROVEMENTS (Continued)
one thousand (1,000) persons be devoted for neighborhood
park and recreational purposes.
e
Formula for Dedication of Land. To determine park and
recreatibnaI land for residential subdivisions to be de-
dicated in accordance with the ge~eralstandard of six
(6) acres per 1,000 persons, the following formula shall
be used:
Average number of persons/
dwelling unit ~
ExamPle for single family dwelling unit:
The
Dwelling
Type
Single family
Duplex
Multi-family
following table is to be followed:
Park Land Dedication Table
Average Houses
hold size/D.U.
3.0
3.0
2.5
1,000 population
park acreagestand.
ard
3 ~ 1000 = 0.018
~ acre/un~
Average Acreage
Requirement/D.U.
0.0180
0.0180
0.0150
For land zoned multi-family,
shall be applied as related to the maximum number of dwell-
ing units permitted by the Eoning classification of the pro-
perty.
the park land dedication formula
5. Formula for Fees in Lieu of Land Dedication.
A. General Formula.
1. If it is determined that no park or recreation fac-
ility is to be located in whole or part withingthe
.... p~oposed rsubdivision~ to serve theimmediate and
furture needs of the residents of the subdivisi6n,
- 60-
ARTICLE IX: REQUIRED IMPROVEMENTS (Continued)
the subdivider shall, in lieu of dedicating land,
pay a fee equal to the value of the land acreage
determined by the formula hereih, and in an amount
determined in accordance with the provisions as set
out above, such fee to be used by the City for
acquisition or development of park and recreational
land which will serve the residents of the area
being subdivided.
Use of Money.
The mones; collected hereunder shall be paid to
'the City ofBoynton Beach~ Said money shall be
placed in a trust f~nd which shall be k~0wn as the
Reserve for Parks and Recreational Facilities. Monies
within this reserve account.shall be used and ex-
pended solely for the acquisition, improvement,
expansion or implementation of parks and recreational
facilities of the City of Boynton Beach, Said monies,
as they relate to fees paid for any given subdivision,
shall be used first for the purpose of providing
park or recreational facilities reasonably related
to serving said subdivision by way of the purchase
of necessary land, or, if the City Council deems
that there is sufficient land available for that
said subdivision, then secondly said monies shall
be used for improving said land for park and recreation-
al purposes or if both adequateland and'improvements
exist in the area, the said monies may be spent to
acquire or improve park and recreational facilities
- 61 -
ARTICLE IX: REQUIRED IMPROVEMENTS (Continued)
needed in the City.
C. Criteria For Requiring both Dedication and Fee.
The subdivider shall both dedicate land and pay a
fee in lieu thereof in accordance with the following
formula:
(a) ~en only a portion of the land calculated by
the formula.for park andrecreational use is to be.
dedicated, such portion shall be dedicated for local
park purposes and a fee cDmputed pursuant to the
provisions set out above shall be paid for any ad-
ditional land that would have been required to be
dedicated~pursuant to the said above provisions.
(b) When sufficient park and recreational land in
the vicinity has already been acquired by the City
and only a smallportion' o ' ............ ~-"~'~:~
subdivision to complete the site, such remaining
portion shall be dedicated and a fee computed pur-
suant to the formula provided above shall be paid in
an amount equal to the value of the land ~hich
would otherwise bare been required to be dedicated
pursuant to said above provision, such fees to be
used for the improvement of the existing park and
recreational facility or for the improvement of
other local parks and recreational facilities in the
area serving the subdivision.
D. Amount of Fee in Lieu of Land Dedication.
Where a fee is required to be paid in lieu of land
dedication, the amoun~ of such fee shall be based
62 -
ARTICLE IX:
REQUIRED IMPROVEMENTS (Continued)
upon the fair market value of the amount of land
which would otherwise be required to be dedicated
pursuant to the formula prescribed in No. 4 above.
The fee shall be paid pursuant to the provisions
continued in this ordinance. At the time of filing
of preliminary plat subdivision map for approval,
the Planning and Zoning Board shall, in those cases
'where a fee in lieu of dedication is required either
in whole or in part, determine the fair market
value of the land in the proposed subdivision, and
this determination shall be used in calculating the
fee to be paid. If a subdivider objects to the
fair market value determination, he may at his own
expense, obtain an appraisal of the property by a
qualified real estate appraiser approved by the City,
which appraisal of fair market value may be accepted
by the City Council, if found reasonable. Alter-
natively, the City and the subdivider, may-agree as
to the fair market ~alue
Determination of Land or Fe~.
The City Council shall de~ermine whether it accepts
land dedication or elects to require payment of a
fee in lieu thereof by consideration of the follow-
lng:
(a)
Topography,
land in the
(b) Size and. shape of the subdivision
available for dedication;
(c) The feasibility ofdedication;
geology, access and location of
subdivision available for dedication;
and land
- 63 -
ARTICLE IX:
REQUIRED IMPROVEMENTS (Continued)
(d) Availabili~ay~f previously acquired park
property;
(e) .In conformance with the recreation land use
p~an.
F.-Credit for-Private Open Space.
Where private openspace for park and recreational
- purposes.is-provided ina proposed subdivision and
such space is to be-privately owned and maintained
by the future resid~s of the subdivision, partial
credit, not to exceed-fifty (50%) per cent, may be
given against the requirement of land dedication or
payment of fees in lieu thereof if the City Council
finds it is in the public interest to no so and
that all of the.following standards are met:
(a) The yards, court areas~%D~n~'~'~t~e~
open areas required to be maintained by the zoning
and building ordinances and regulations shall not be
-cluded in the computation of such private open space;
(b) That the private ownership and maintenance of
the open space is adequately provided for by record-
ed written agreement, conveyance, or restrictions;
and
(C) That the use of the private open space is re-
stricted for park and recreational purposes by re-
corded covenant, which runs with the land in favor
of the future owners of property and which cannot
be defeated or eliminated without the consent of
the City or its successor; and
(d) That the proposed private open space is
in-
and
ARTICLE IX: REQUIRED i~R0~ (Continued)
reasonably adaptable for use for park and
al ~urposes, taking into consideration such
as size, shapei topography, geology, acoess,
locations; and
(e) That facilities proposed for the open space
are in substantial accordance with the provisions
of the Open Space and Recreation Master Plan; and
(f) That the open space for which credit is given
provides a minimum of five (5) of the local park
basic requirements listed below, or a combination
of Such and other recreational improvements that
will meet the specific recreation park needs of
the future residents of the area:
Minimum Acreage
1. Children's play apparatus .50
area
2. Landscape park-like and .50
quiet areas
Family picnic areas .25
Game court Area .25
e
4.
5.
6.
Turf playfield
Swim pool (42' x 75' with
adjacent deck) & lawn areas
Recreation Center Building
e
1.00
.25
.15
the City Council
Before credit is given,
recreation-
factors
and
shall
~ake written findings Ghat the above standards are
met.
Procedure.
As a condition of preliminary plat approval the
subdivider shall agree in writing to dedicate land,
pay a fee in lieu thereof, or both, at the option
of the City, for park or recreational purposes at
- 65 -
ARTICLE IX: REQUIRED IMPROVEMENTS (Continued)
the time and according to the standards and formula
in this ordinance after a recommendation from the
Planning and Zoning Board has gone forward to City
Council.
At the time of approval of the subdivision preliminary
plat, the City Council shall determine pursuant to
Section E hereof the land to be dedicated and/or
fees to be paid by the subdivider.
At the time of the filing of the subdivision final
plat, the subdivider shall dedicate the land, pay
the fees as previously determined bY the City
Council, or furnish a bond in the amount of 110%
of the fees which shall become a lien upon the pro-
perty and shall be paid upo~is~uance of the first
certificate of occupancy of the transfer of titl&
to any parcel or unit ~f the land or improvements
thereto.
Commencement of Development.
At the time of approval of the final subdivision
plat, the City Conncil shall specify when develop-
ment of the park or recreational facilities shall
be commenced.
Non-residential Subdivisions.
The provisions of th~s Section shall not apply to
non-residential subdivisions.
66 -
ARTICLE IX: REQUIRED IMPROVEMENTS (Con%inued)
SECTION IX:
PERMANENT CONTROL~POINTS "P.C.P's"
Permanent Cont~ot Poin%s "P.C.P's" sha!! be provided in
accordance with Chapter 177, Florida Statutes, as amended.
The Required Improvements shall incorporate placemenb of
Permanent Control Points "P.C.P.'s" and the surveyor's certifi-
cates shall indicate that Permanent Control Points will be set
within one year from the date of recording of the plat under
surety posted within the City for the Required Improvements.
SECTION X:
SANITARY SEWAGE.
Complete sewage collection system shall be provided for-all sub-
divisions in accordance with-requisite State and City Regulations.
Sewage transmission facilities shall be provided by the developer
to an approved operating City collection or transmission system.
The City Utility Director shall approve all connection to City
existing~collection and-transmissionsystems.~ The Surety Bond
Article VIII, Section VII A-2 shall include the estimated cost
of the subdivision sewage collection ~3stem and the estimated
cost of sewage transmission system to an approved connection to ......
the City sewage system.
ARTICLE IX: REQUIRED IMPROVEMENTS (Continued)
SECTION/fi:
SIDEWALKS
Sidewalks shall be oonstructed on both sides of all local and
eollector~ streets, and on one Side-of the marginal access streets
in all areas. They m~y be constructed concurrent with building
construction, if such building construction occurs w~thin a five
year period from the date of the City Council Resolution declaring
final acceptance of the subdivision. All sidewalks shall be completed
within a six year period from the date of said final acceptance of
the subdivision.
When building construction occurs after the sidewalks are completed,
the proposed~ driveway area of the sidewalk shall be removed by saw
cut by the builder and replaced as required by Article X, Section X,
paragraph T of this ordinance.
A required sidewalk may be waived by the Technical Review Board
when adequate pedestrian circulation is provided by bicycle/
pedestrian paths, The control, jurisdiction and maintenance obli-
gation of bicycle/pedestrian paths not located within the road right
of way shall be placed ina property owners' association, as defined
by the State Law or an improvement district. Bicycle/p~destri~n -
paths shall be constructed concurrently with other Required
Improvements.
A dual system consisting of sidewalks within the road right of
ARTICLE IX: REQUIRED IMPROVEMENTS (Continued)
way and bicycle/pedestrian paths outside of the road right of way
may be required to provide adequate pedestrian circulation. The
paths shall be constructed concurrently with ot~er Required Improve-
m~nts and shall also be guaranteed by the posting of surety as
described in~A~ticle VIII, ~Section VII, paragraph A-2.
The amount of that portion of the Subdivision Performance
for the uncompleted sidewalks shall be calculated by using the current
sidewalk construction cost and an inflationary precentage through the
above six year period as determ4ne~.~by the City Finance Director.
SECTION XII:
STREETS
All streets and related facilities required to serve the proposed
subdivision shall be constructed by the'developer. The con-
struction shall consist, but not be limited to, street grad-
ing, base preparation and surface course along with drainage
as required under this article.
SECTION k-III:
STREET MARKERS
Street markers shall be provided at each intersection in the
type, size and~ location required by current City Standards.
Street name signs shall carry the street name approved on the
subdivision plat.
SECTION XIV:
STREET LIGHTING
Street lighting may be installed.
A contract would
then be
negotiated between the developer-and the franchised utility.for
Bond retained
ARTICLE IX:. REQUIRED I " ~ ~ ~ '
MP ROVEME~T $~ ~ (~Cen%~i ~u e d )
the OWnership, operation and maintenance of the system. The
developer shall place deed restrictions coveri, ng the property
to be developed which state that owners of the property-within
the subdivision are subject to assessment by a property owners'
association for the cost of maintenance and operation of such
street lights, upon ~completion.of the development, the street
lights shall be owned, operated, and maintained by a property
owners' association and/or the franchised utility.
SECTION k~Y:
CENTRAL WATER SYSTEM
A complete water distribution system shall be provided for all
subdivisions. Water transmission mains shall be provided by
the developer to an approved operating City water system. The
City Utility Director shall approve all new connections to the
existing City water system.
The Surety Bond - Article VIII, Section VII A-2 shall include the
estimated cost of the proposed water distribution system and
the estimated cost of any~-required.~transmission mains to an
existing City water system.
SECTION XVI:
TRAFFIC CONTROL DEVICES
The developer shall install traffic control device~, including but
notlimited to ~traffic .lights0 on-roads within and-interfacing with
the subdivision. A traffic impact analysis meeting the approval of
the City Enqineershall determine the traffic lighti requirements.
- 70
ARTICLE X: DESIGN REQUIRE~
The design of the subdivision Required Improvements shall
be in accordance with acceptable engineering principles. De-
sign'data, such as calculations and analyses shall be submitted
along with the development plans covering important features
affecting design and important features of construction. Such
calculations and analyses shall include, but not be limited to
high water, d~ainage facilities~of all kinds, subsurface soil data,
alternate pavement and subgrade types, and radii at intersec-
tions when minimum standards of the AmericanAssociation of
State Highway and Transportation Officials are inadequate.
Should the.developeretect-to p~ovide~improvements in excess
of the minimum requirements, such improvements shall be
considered on an individual basis. The design of Required im-
provements shall be accomplished in such a manner that they
shall be equal to or exceed current City Standards and the
following:
SECTIOb; I:
ACCESS
Points of access to lots developed within ~ subdivision shall
be located a minimum of 30 feet from intersecting right of
way lines on local streets and 180 feet from intersecting right
of way lines on all other streets of higher classification as
defined in this ordinance. However, access to townhouse
- 71
ARTICLE X: DESIGN REQUIREMENTS IContinued)
clusters may be via parkihg .lots and/or driveways designated on
the plat as access or parking tracts providing the length of
said access does not exceed 600 feet. The subdivision shall
be designed to accomplish access to the tots by the use of
local streets. Local street connections to collector streets
shall be a minimumof, 660 feet apart and 'collector street con-
nections to'arterial streets shall be a minimum of 1320 feet
apart. Where access is desired along collector or arterial
streets, it_~shall be provided by means of a marginal access
road. The first point of access to the marginal access road
from collector and arterial streets shall be a-minimum of 330
feet from intersecting right of way lines with intermittent points
at median opening locations, being a mirrim~m of 660 feet
from intersecting right of way.lines,-unless otherwise-approved
by the City Engineer. Access spacings of lesser lengths may
be granted if requested by the developer and if deemed advisable
by the Technical Review Board. Where double frontage lots are
created adjacent to a collector or arterial street, they shall
front on a local street and-the rear of the lot shall 'be the
side which abuts the collector or arterial street. In such
cases, the lot shall be buffered as required by this ordinance.
- 72 -
ARTICLE X: DESIG~ REQUIREMENTS (Continued}
SECTION II:
ALLEYS
Alleys shall be paved 18 feet wide in a minimum 20 foot right
of way for commercial and industrial use and shall have ap-
propriate radii for the use intended. Alleys shall have inverted
crowns with-3/8 inch per foot-t~aversed slope. ~he alley .
grade shall not exceed 5% or be less than
wise approved~by the City Engineer. Alley
sharp changes in
are prohibited.
.30% unless other-
intersections and
alignment shall be avoided and dead end alleys
SECTION III:
BLOCKS
The length, width, and shape of blocks shall be determined
with due regard to:
A. Provision of adequate building sites suitable to the
special needs of the type'of use contemplated.
Zoning requirements as to lot size and dimensions.
Need for convenient_access~.circulation~ control and
safety of vehicular and pedestrian traffic.
Limitations and opportunities of topography.
1. Block lengths shall not exceed 1320 feet between
intersecting streets except where special topo-
graphical conditions exist. Greater lengths may be
approved by the City Engineer.
73
Be
De
ARTICLE X: DESIG~ REQUIREMENTS (Continued)
2.
In blocks 900 feet in length or over, crosswalks
between streets not less than 8 feet wide may be
re~aired where deemed essential to provide cir-
culation or access to schools, playgrounds, shop-
ping 6enter, transportation and other community
facilities.
SECTION IV:
BRIDGES
Bridges shall be designed in general accord with the current
Department of Transportation practices and shall include
planning for utility installation. They shall be reinforced c~n-
crete,~ howe~er, other tow-maintenance materials may be
used upon request and approval, having a clear roadway
width between curbs 2 feet in excess of the pavement width
zn each direction and shall provide 4 foot wid~ sidewalks on
each side. All bridge structures shall be designed for
H-20-S16-44 loading, incorporating adequate erosion protection.
SECTION V:
A. DRAINAGE - Ail subdivisions shall have comprehensive
storm drainage facilities which convey storm waters
through easements to drainage canals or natural water
courses. The design da~a of ~he drainage system shall
be submitted along with the construction plans in a report
form prepared by the developer's engineer indicating
74 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
the method of control of storm and ground water,
including the method of drainage, existing water
elevations, recurringhigh water elevations, proposed
design water elevations., drainage structures, canals,
ditches and any other pertinent information pertaining
to the system. The drainage system Shall be designed
using acceptable engineering principles with.considera-
tion being given to the protection of all future buildings
from a one in ona hundred year storm. In addition, the
system shall provide for the necessary maintenance of
ground'water levels~to prevent over-drainage' for the
intended land use. The storm sewers shall be designed
for rainstorms of maximum intensity predicted for the
Palm Beach County area at three-year intervals accord-
ing to current Department of Transportation charts and
data. The system shall provide for drainage of lots,
streets, roads and .other public areas including surface
waters which drain into or through the property. The
design for drainage of the subdivision must be adequate
to provide for surface ~aterdrainage of adjacent con-
tributory areas. Where additional ditches and canals are
required to acconm~date contributory surface waters,
right of-way shall be provided for future needs; how-
ever, the developer may be permitted to excavate or
- 75-
ARTICLE X: DESIGN REQI//REMENTS (Continued)
open sufficient capacity to provide for existing drainage
needs whenever the developed or undevelopgd status
of adjacent areas so warrants, as determined by the
City Engineer. The runoff coefficients used in the de-
sign ofthe subdivision shall be those applicable after
complete development has occurz~_.~andshall be cal-
culated on sample areas of each type of ultimate use.
The drainage system shall be designed for long life, low
-maintenance cost and ease of maintenance by normal
maintenance methods. The minimum pipe used within
a storm sewer system shall be 15 inches in diameter.
Distance between terminating or intermediate struc-
tures shall not exceed those required b~State Stand-
ards for the construction of maintenance inlets or man-
holes. Minimum grades for swale sections shall be 0.003
foot per foot. The storm sewer systems shall be so
designed that the elevation of the hydraulic gradient is
never higher than the grate elevatbn oK any inlet in the
system. The-pipe- shalt-be~ sloped and structures chan-
neled to develop sufficient scouring to minimize sedi-
ment. The pipe used in the system shall be reinforced
concrete or metal meeting AS~!~. AASHTO and current
Department of Transportation specifications. Concrete
pipe shall have gasket joints,meeting the requirements
of AASHTO. When~metat pipe is~usedbeneath-~the
76 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
Be
pavement or parallel within
be designed to provide a joint free installation or,
joint free installations are not feasible, shall be
the right of way, it shall
where
jointed
with a 12-inch wide band having a mastic or neoprene
gasket providing a water-tight joint. Other jointing tech-
niques meeting ~or exceeding these requirements may
be used upon submittal to and approval by the City
Engineer. Drainage pipe shall be fitted with headwatls,
endwalls, inlets and other appropriate terminating and
intermediate structures. Structure design shall meet or
exceed City standards.
STORM WATER TREATMENT - Rainfall runoff, sur-
face and ground waters shall be manacle'in subdivi-
sions to minimize degradation of water quality, nutri-
ents, turbidity, debris and other harmf~ll substmnces,
and maximize percolation and detention to promote the
re-use of this resource. Storm water treatment facilities
shall be designed, sized and performance evaluated to
accommodate as a minimum requirement a three year
storm. Runoff from roads, parking lots, roofs and other
impervious surfaces should be directed over a~eas
where percolation into the soil can be accomplished
prior to introduction into any storm sewer or other
receiving facilities. Pervious areas should be covered
with vegetation requiring periedic"cutting-and'removal.
-77 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
The maximum recommended r~6ff flow distance over
impervious surfaces before being diverted to percola-
tion areas should be 50 feet, however, excluding build-
ing roofs, sports fields, roadway gutters and storm
sewers.
Runoff which must be carried directly into the-closed
storm sewer system without previously crossing~per-
colation areas should be discharged to percolation
areas prior to conveyance to on-Site bodies of water,
or off-site receiving waters in order to promote deten-
tion, disposition.of silt and other particulates and ,the
removal of nutrients or other,undesirable-constituents
in the water prior to discharge from t~'~subdivision.
Water storage and detention capabilities of on-site
bodies of water shall be governed by the discharge limi-
tations of the requisite drainage district.
Temporary ponding is allowable in areas specifically
designed.,with,~ighpercolation ~rates so that~ ponding
does not last more than 8 hours.
Swales may be used in lieu Of storm sewers to, convey
and collect surface waters. Minimum swale grade shall
b~ .,.0g3_foot-per-foot~and~maximum swale grade shall
be limited to that grade which will produce water veloci-
ties below the threshold of erosion. The side slopes on
ARTICLE X: DESIGN REQUIREMENTS ~(Continued)
swale sections shall not be steeper than 4:1 and the
swale may occupy all of a water management tract.
Ail 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 in-
clude where necessary, a 20 foot maintenance berm,-
with a side slope not steeper than 8:1.
Alternate treatment methods of facilitY"which in the
opinion of.the.~City-Engineerareequal or ~su.periorto
the above requirements may 'be approved. Application
for such approvals shall be accompanied by written
data, calculations and analyses which show, by accept-
ed engineering principles, that the alternate treatment
methods or facilities are equal or superior to those
specified.
SECTION ~I:
EASEMENTS
A. UTILITS~~ EASEMENTS - Utility easements 12feetwide
shall be provided-where necessaryto accommodate all
required utilities across lots and where possible shall
79 -
be
ARTICLE X: DESIGN REQUIREMENTS (Continued)
centered on lot lines with convenient access for main-
tenance. Where possible, utility easements 10 feet wide
should be provided for underground utilities across that
portion of the lot adjacent to a street. Additional utility
easements may be required by the City when, in the
opinion of the City Engineer, such easements are
necessary for continuity of utility service between de-
velopments and where necessary for maintenance and
service. Utility easements and drainage easements shall
not be combined. Where crossings occur, drainage
easements shall take precedent.
DRAINAGE EASEMENTS -Drainage easements shall
be provided where necessary at ~ width adequate to ac-
commodate the drainage facilities. A minimum of 12
feet shall be provided for underground storm drainage
installations and where canals or ditches are permitted,
the width shall be__adequate to~accommodatedra~nage
facilities plus 20 feet on one side for maintenance pur-
~.~oses~ however,.the width-~shalt not exceed 60 feet.
Where the width of canals or ditches exceeds 60 feet in
order to accommodate adequate drainage facilities, the
ditch or canal shall be acceptable t6 and placed Under
the control of the drainage district having jurisdiction in
the area. Drainage easements shall be provided to
- 80 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
facilitate surface waters from contributory areas. When a
subdivision is traversed by or develops canals, water
courses, lakes, streams, drainage ways or channels,
.there.. shall be~.provided'adrainage~eas~mentor right of
way conforming substantially with the lines of such
~ater course and of such further width or construction
or both as will be adequate for the purpose.-
SECTION VII:
LOTS-
All lots shall have frontage on a street or have permanent
private access to a street which has a minimum.right of
way of 50 feet.. All lots shall have the area, frontage
width'and depth required by the prevailing or approved use
zone wherein said lots are located. When a subdivision is
proposed under land with existing structures that are pro-
posed.to be retained, lots are to be designed so as not to
cause said existing structures to become non-conforming
with respect to building area or lot size. When lots are platted
abutting a collector or arterial street, access shall'be timit~d
to local streets or marginal access roads. No access from
individual lots shall be permitted directly to collector of arteri-
al streets. Double frontage lots or through lots shall be .avoid-
ed except where essential to provide separation of residential
development from traffic arteries or to overcome specific
disadvantages of topography or'orientation.''~Where-double
ARTICLE X: DESIGN REQUIREMENTS (Continued)
frontage lots are developed they shall be buffered as required
by this ordinance.
corner lob lines
long chord of a 25
deemed necessary.
at intersecting right of way lines shall be
foot radius or of a greater radius where
The corner~lots shall be designed to fa-
cilitate a safe intersection with respect to a sight distance,
a~d a restriction shall be-placed~on the lot and defined od the
plat prohibiting construction or plantings over3 feet high
within the sight plan established in the design of the lot or
adjacent street, based on the crown elevation of the street.
the
SECTION VIII:
SEAWALLS,~ULKHEADS, PIERS~AND DOCKS
Seawalls, bulkheads, piers and docks
installed along access
waterways shall be installed under permit issued by the Boynton
Beach Building Department. Seawalls and bulkheads shall be con-
structed with the water side face being on the property line.
SECTION IX:
SOILS
The plan will show the location and results of test borings of
the subsurface condition of the tract to be developed. When
non-pervious soils (hardpan or other non-pervious soils) or
unstable soils (peat, muck, ~etc.)~are enconntered~the plan
- 82 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
shall reflect a satisfactory design to cope with such condi-
tions. If the soil analysis reflects that the area contains hard-
pan or other non-perviou~soils or contains peat, muck or
other~unstable~ materials, the City Engineer shall reqUire
such additional design and construction as are necessary to
assure proper drainage and development of the area. Test
locations shall be mutually determined by the developer's
engineer and the City Engineer and shall be recorded as
to location and result on the construction plans.
SECTION X:
STR~RTS
The proposed subdivision street layout sha~!_~coordinated
with the street-system of-the surrounding area and con-
sideration shall .be given to existing and planned streets,
relation to topographical conditions, to public convenience,
safety and their appropriate relation to the proposed use of
the land to be served by such streets. The arrangement of
streets in new subdivisions shall provide for the continuation
of existing streets in adjoining areas not subdivided, the
arrangement of streets in new subdivisions shall provide for
the proper projection of streets. When a new subdivision
adjoins unsubdivided land, then the new street, where nec-
essary, shall be carried to the boundary of the tract proposed
ARTICLE X: DESIGN REQUIREMENTS (Continued)
to be subdivided to promote reasonable development of
adjacent lands and provide continuity of street systems.
Local streets, when extended to the boundary of the tract,
shall be designed in a manner that w~lt.~iscourage through
traffic. The new subdivision shall provide for the incorpora-
tion and .compatible development of presentand-future
streets as shown on the Official Map adopted by the ~ity Council
under the Thoroughfare Plan, when such present or future
streets are affected by the proposed subdivision.
A. TRAFFIC ANALYSIS -~A subdivision that will generate
3,000 one-directional vehicle trips p or day or 250 one-
directional vehicle trips in a one-hour period must sub-
mit along~with the Master Plan a Traff~pac~Analy-
sis. The Traffic Impact~Analysis Shall.~be prepared bY a
Professional Engineer and shall be used to determine
the number of lanes, capacity of street systems pro-
posed or effected by the development, and the phasing
of improvements. When a subdivision will not generate
sufficient one-dire~ctional~vehicle tripsper day to war~
rant a Traffic Impact Analysis, an intersection analysis
must 'be submitted along with the Master Plan.
ARTICLE X: DESIGN REQUIREMENTS (Contihued)
STREET RIGHT OF WAY WIDTH - street minimum right of way
Ce
width shall be as
Street T~pe
Expressway
MajorArterial
Arterial
*Collector
*Local with Mountable Curb
*Local with Swales-_
Marginal Access
follows:
Right of Way Width
300 feet
200 feet
120 feet
80 feet
50 feet
60 feet
40 feet
*The right of way width may be reduced by eight (8)
if the provisions of Article IX, Section XI
STREET PAVEMENT WIDTHS - Street pavement
as follows:
Street Type
Expressway
Major Arterial
Arterial
Collector
,Paving Width in Feet
Local
Marginal Access
feet
are met.
shall be
4 or more 12 foot lanes with median
4 or more 12 foot lanes with turning
lanes and median
4 12 foot lanes with turning lanes and,
when required, me'dian
2 or more 12 foot lanes with turning
lanes, median optional
2 11 foot lanes
20 to 34 feet of pavement
- 85 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
DEAD-END STREETS - Dead-end streets shall be prohibited
except~h~n ~esigned as a cul-de-sac. Such streets shall
not exceed 1320 f~et in length except where natural
geographic barriers exist necessitating a greater length
and shall be provided at the closed end with a circular
dedicated or private right o~ way with a diameter
of not less than 100 feet at the property line and not~less
.than 80 feet at the edge~of=pavement or Curb line. If a~.
dead-end street is of a temporary nature, an adequate
turn around within the proposed right of way may be
required.
CONSTRUCTION IN MUCK OR CLAY~AREAS -.W~~ts or
alleys are to be .constructed in muck area, the muck or
peat shall be completely removed from the centerline
10 feet.beyond the edge of pavement on each side. When
gumbo or other plastic clays are encountered, they shall
be removed within the roadway area 1 foot below the sub~
grade extending horizontally.to the outside edge of the ___
shoulder area. The design of streets proposed in excessive
muck areas shall be considered on an individual basis.
MATERIALS - Streets shallinclude a subgrade, base and
wearing surface in accordance with current City Standards.
Local streets shall be paved with 1~ inches of Type II
asphaltic~concrete ~surface course on an~acceptable base
- 86 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
with a stabilized subgrade producing a 50 lb. Florida
bearing value. All other streets of highe~ classification
shall be paved with i-3/4 inches of Type II asphaltic concrete
surface course on an acceptable base with a stabilized
subgrade pr6ducing a 75 lb.. Florida bearing value. Ac-
~ceptablebase~ materialshalt,belimerock or approved
,local shell having an 8 inch compacted thickness or the
equivalent of sand asphalt plant mix meeting State
Standards~ Analternate Of Type~ asphaltic concrete,
may be used and shall be 1~ inches thick on local streets
and 1½ inches thickon all streets of higher classification.
ALTERNATE ~/PES OF PAVEMENT, BASE AND SUBGRADE - Alternate
types of pavement, base and subgrade~
of the City Enginser, are equal or superior to those
specified may be approved. Application for such approval
shall be accompanied bywritten data, calculations and
analyses which show, by accepted engineering principles,
that the alternate types are equal or superior to those
specified.
STABILIZED SHOULDERS - Stabilized shoulders 8 feet wide
shall be provided for distress lanes unless paved lanes
are provided. The shoulder shall consist of a 6 inch
layer of soil having a m/nimum of 50 p.s.i. Florida bear-
ing value for local streets and 75 p.s.i, for streets of
higher-classification.~ Where sod is desired, it shall
- 87
ARTICLE X:
DESIGN REQUtREMENTS (Continued)
be installed prior to acceptance of the subdivision or
6 inches of stabilization may be left 2 inQhes below
finished grade. No time extensions will be granted on
the basis of incomplete stabilized shoulders~
I. STREET GRADES - Street grades shall be determined
in relation-tothedrainageinstatlations for the.subdivi-
sion. Street ~rades shall not exceed 2~unless ade-
quate protection for erosion is provided or be less than
.30% for swale sections or .20% for guttered sections
unless otherwise approved by the City Engineer.
Road grades shall be shown on the development plans
by the direction, percent of fall and with a centerline
lineal distance between control point ~
J. SWALE AND SWALE GRADES - Swales within the right of
way shall not exceed those shown in the current City
Standards. Runoff may be accumulated and carried in the
swales or guttered locations in the right o~ way ~lon9
streets in accordance with the maximum flood lines shown
in the current City Standards. Water in excess of these
quantities shall not be carried in the street swale or
gutter in the right of way, but shall instead be diverted
therefrom and carried away in storm facilities.
K. STREET JOGS PROHIBITED - Loca!_street jo~s with center-
line offsets of less than 125 feet are prohibited.
- 88 -
ARTICLE
X: DESIGN REQUIREMENTS (Continued)
L. MARGINAL ACCESS STREETS - Where a subdivision abuts or
contains an existing limited access highway, freewayor
arterial street, if access is desired adjoining property
Other than street connections, a marginal access street
to afford separation of through and local traffic shall
be required.
M. LOCAL STREETS - Local streets shall be so iaid out that
their use by through traffic shall be discouraged.
N. RAILROADS ON OR ABUTTING SUBDIVISIONS
When a 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 r~ired at a dis-
tance suitable for appropriate use of the intervening
land for park purposes in residential districts or for
commercial or for industrial purposes in ~ppropria~ districts,
O. HALF STREETS - Half or'partial streets shall not be
permitted except where essential to the reasonable
-.subdivision of a tr.act i~,conformance with the Tho-
roughfare Plan, these ~egulations and where, in addi-
tion, satisfactory assurance for dedication of the re~
maining part of~t~e~streetis provided. Whenever a tract
to be subdivided borders on an existinq half of partial
street, the other part of the street may be required to be
dedicated and constructed withinsuch, tract.
posed'subdivision that adjoins or includes an
A pro-
existing
ARTICLE X:
DESIGN P~QUI REMENTS
(Continued)
street which does not conform to the minimum right of
way requirements of these regulations shall provide for
the dedication-of additional 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
established.
P. LIMITED ACCESS STRIPS -- Limited access strips controlling
access to streets shall be prohibited except where their
~ 'controlis placed ~with the City.
Q. STREET NAMES - Proposed streets which are in align-
ment with other existing and named streets shall bear
the same ~ame 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 duplicate or be phonetically similar to existing
street names regardless of the use of the suffix street,
avenue, boulevard, drive, place, court, etc.
R. ALIGNMENT, TANGENT, DEFLECTION, RADII
Streets sha'll be ~laid out- to in-terseet as nea~ly asl. possible
.at right angles. Multiple intersections involving the junc-
tion of more than two streets shall be prohibited. The
point of curvature of any local, street shall not be closer
than 100 feet from any intersection. All inter-
~ sections shall be designed to provide adequate stopping
and sight distance in accordance with the current edi-
tion of A.A.S.H.T.O. Standards. When the centerline of
- ~90 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
a local street deflects by more than 10°, it shall be
curved with a radius adequate to assure sa~e sight dis-
tance and driver comfort. Property lines at s-~reet inter-
sections shall be the long chord of a 25 foot or greater
radius and street pavement radii shall be a minimum of
30 feet and designed to facilitate the intended use.
STREET.MARKERS - One street marker of'standard design as
prescribed by current City Standards shall be provided
at each intersection. A street sign shall be placed at
a point' 8 feet from the edge of pavement on a radial line
that bisects the intersection radius curve.
SIDEWALKS - Sidewalks shall be four (4) feet wide within
local streets and five (5) feet wide within· all other
streets. They shall be constructed of concrete having a
compressive strength of 2500 Pounds Per Square Inch at
twenty~eight (28)
areas, thickness
days. In driveways and commercial
shall be six (6) inches with reinforce-
ment by six inch by six inch ten-gauge wire mesh. In
other areas, thickness shall be four (4) The cross
slope shall be one-quarter inch per foot.
shall be placed one foot from the right of way line unless
otherwise approved by the City Engineer.
inches.
The sidewalks
- 91
ARTICLE X: DESIGN REQUIREMENTS (Conti~ned)
SECTION XI:
STREET LI 6~ITING
Street lights, if provided by the_developer,
all local and collector streets, at each intersection, at the end
eul-de-s'acs, and whe~ever,-in~the_ opinion 0~ the City_Engineer, a
dangerous condition is created by sharp curves or_irregular%~ies
in street alignment. Between intersections, street_lights
shall be installed and maybe engineered for security purposes
only. Street lights shall be wired for underground service
except where aerial service is permitted by Section XIII
of this Article.
shall be iRs%ailed on
of
SECTION XIt:
BICYCLE/PEDESTRIAN PATHS
Bicycle/pedestrian paths shall be eight (8) feet wide.
..... way and commercial areas-,~-the surface,
requirements of Article X, Section X,
met. In other areas, one inch
four inch thick compacted base
rock.or shell shall be.used..-.When bicycle/pedestrian paths
are not located within road rights of way, the base shall ex-
tend six inches from each side of the surface and muck shall
be completely removed below the base. Three-quarter inch
thick Type I asphaltic concrete.may also be used. The cross
slope shall be one-quarter inch per foot.
- 92 -'
In drive
baseand sub~ra~e .
Paragraph F shall be
Type II asphaltic concrete on a
of locally approved lime-
ARTICLE X: DESIGN REQUIREMENTS
SECTION /fill:
UTI Lt TI E S
Utilities,
phone and
to street
(Continued)
incl~uding franchised utilities, power and liqht,tele-
telegraph, water, sewer, cable television, wiring
lights and gas shall be installed underground. This
section shall apply to all cables, conduits orwires forming
parts of an electrical distribution system including service
lines to individual properties and main distribution feeder
electrical lines delivering power to local distribution systems,
provided that it shall not ~ply to wires, conduits or asso=
ciated apparatus and supporting structures whose exclusive
function is a transmission or distribution of electrical energy
between subdivisions, generating stations, ~b~stations
and transmission lines of other utility.systems, or perimeter
lines located adjacent to the subdivision. Appurtenances
such as transformer boxes, pedestal mounted terminal
boxes, meter cabinets, service terminals, telephone splice
closures, pedestal type telephone terminals or other similar
"on the ground" facilities normally used with and as a part of
the underground distribution system may be placed above
ground, but shall be located so as not to constitute a traffic
hazard. Easements shall be coordinated with requisite utility
authorities andshatl-beprovided-as prescribed~by this ordi-
nance for the installation of underground
utilities.gr re%ocatT_'
ing existing facilities in conformance with the respective
- 93 -
ground installations with each of the persons,
rations furnishing utility service involved.
A~TICLE X: DESIGN REQUIREMENTS (Continued)
utility authority's rules and regulations. Underground utili-
ties are not required in subdivisions of less than,2t lots, The
City'Engineermay waive the requirement for underground instal-
lation if the service to the adjacent area is overhead and it
does not appear that further development inadjacent areas with
underground utilities is-possible. Any,new service which is
allowed by the waiver hereinto be supplied by overhead utilities
shall be connected to a service panel that is convertible for
underground utility service at a future date. The developer
shall make necessary cost and other arrangements for such under-
firms or corpo-
Utilities shall
be constructed in easements as prescribed b~is ordinance.
SECTION XIV:
UTILITY INSTALLATION
-- Afte~ th~subgrade-for a~s~r&~t has been completed, the re-
mainder of the street right of way has been graded and
before anymaterial is applied,~all-~nderground work_for the_
water mains, sanitary sewers, storm sewers, gas mains, tele-
phone, electrical..power conduits and appurtenances and
any other utility shall be installed completely through the
width of the street to the sidewalk area or provisions made so
that the roadway or right of way will not be disturbed for utility
So installed for the
be properly capped
installation. Ail underground improvements
purpose of future service connections shall
land backfitled. -~-94 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
SECTION XV:
MEDIAN STRIPSAND ENTRANCEWAYS
A. MEDIAN STRIPS --~edian strips which are part of a'
dedicated or deededright of way may not be utilized for
any purpose other than by the City or a public utility.
If a~developer desires._~to~beautify a.median strip in a . ....
subdivision he may do so by placing grass and shrubs of
small root structure within the median strip under per-
mit issued by the City Engineer and the Community Appearance
Board after submission and approval of landscapingplans.
_ID addition to th~ abQye, adequate irriqation systems
shall be provided by the Developer.
B. SUBDMSION ENTRANCEWAYS -- Subdlvlsion"~franceways
consisting of walls, fences, gates, rock piles or the
like are not permitted within the median stripor
other areas in a dedicated or deeded right of way. Deco-
rative entranceways must be constructed upon plots of
land adjacent to a right of way in compliance with the
Zoning, Building and Sign Codes and placed so as not
to.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.
- 95 -
ARTICLE X: DESIGN REQUIREMENTS (Continued)
SECTI ON XVI:
FIRE HYDRANTS
A.
RESIDENTIAL SUBDIVISIONS -- In one and two story
subdivisions with not more than l0 ~elling units per
acre, fire hydrants shall be spaced no greater than 500
feet apart~and~not more~than· 300 feet to ,the-center of
any lot in the subdivision and shall be connected to
mains no less than 6 inches in diameter. The system
Shall provide capacity for fire flow of at least 500 gal-
lons per minute in ~ddition to maximum day domestic
requirements at-residual pressures of not less than 20
lbs. per square inch.
MULTIPLE ?AMILY DEVELOPMENTS OF OVER 10 DwELLING UNITS PER
ACRE, COMS~RCIAL, INSTITUTIONAL, INDUSTRIAL OK OTHER
HIgH .DAYTIME OR NIGHTTIME POPULATION DENSITY DEVELOPMENTS --
In these areas fire hydrants shall be spaced no greater than
300 feet apart and the remotest part of any structure shall
not be more than 200 feet from the hydrant and shall be
connected to mains no less than 6 inches in diameter. In
addition to.domestic r~quirementsat~residual pressures of
not less than 20 lbs. per squake inch,
least 1500 gallons per minute shall be
mum standard.
fire flow of at
provided as a mimi-
- 96
ARTICLE X: DESIGN REQUIREMENTS (Continued)
SECTION XVII:
TRAFFIC CONTROL DEVICES
The design of traffic control devices shall be in accordance
with the Manual.for Uniform Traffic Control Devices.
SECTION XVIII:
MONUMENTS
The Design of Permanent Reference Monuments, "R.R.M.s"
"P C s"
and Permanent Control Points, . .P. shall be as pre-
scribed by Chapter 177, Florida Statutes~ as amended. W~re
such monuments occurwithin street pavement areas,
shall be installed in a typical water valve cover,
in the current City Standards.
to the location of "P.R.M.s" shall be indicated in note
on the plat, such as underground installations, etc.
SECTION XIX:'
COMMERCIAL AND INDUSTRIAL SUBDIVISIONS
Commercial and industrial subdivisions shall comply with all
of the requirements of this ordinance, except that all local
-streets shall-bet designed according to the collector street
they
as prescribed
All information pertaining
form
typical section contained in the current City standardsl
- 97 -
ARTICLE XI: CONSTRUCTION OF REQUIRED IMPROVEMENTS
SECTION I:
CONSTRUCTION METHODS
-Constr~c-t~en methods shall be those prescribed in the current
Department of Tr~nsportation Standard Specifications for
Road and Bridge Construction.
SECTION II:
ADMINISTRATION OF CONSTRUCTION
After approval of ,the. final pla~ and_ supplementary materi~L_.a
developer may construct the Required Improvements sub-
ject to obtaining all required permits. The City Engineer
shall be notified in advance of the date of commencement of
such construction. __Const.ruction ,shall .be performed under
the surveillance of, and shall at all times be subject to, review
by-the City. Engineer; however, this in no way shall relieve
the developer and his engineer of the responsibility for close
...... - fi~t~coordinat-ion ~nd final compliance with the approved
plans, specifications and the requirements of this ordinance.
The developer shall employ a Florida registered engineer for
complete administration of the construction of the Required
Improvements. ~The.~developer-shal~requireprogress reports
and final certification of the construction of the Required
Improvements from such engineer be filed with the City
Engineer. The City Engineer or his duly authorized repre-
sentativ~ shmtl have the~ht-to enter upon the property f6r
- 98 -
ARTICLE XI: CONSTRUCTION OF REQUIRED IMPROVEMENTS (Continued)
the purpose of reviewing the constructionof Required Im-
provements during the progress of such constm-uction. The
developer's engineer shalI submit construction progress re-
ports, at points of progress prescribed by the City Engi,
neer. The developer's engineer shall coordinate joint reviews
of theconstruction wish the City Enginesr. The City Engineer
shall have the-authority to stop work upon fail~re of the
developer.or his engineer to coordinate the construction of
the Required Improvements. as prescribed by this ordinance.
SECTION III:
MEASUREMENTS AND TESTS
During constructions,- the developer's engineer shall make
such measurements, field tests and laboratory tests or cause
them to be made to certify that the work and materials con-
form with the approved development plans and the provi-
sions- of this-ordinance. The~City Engineer may require,
his descretion, tests and measurements which he deems
at
necessary.
SECTION IV:
COMPLETION CERTIFICATE
The Required Improvements shall not be considered com-
plete until a completion certificate along with the final
project records have been furnished to, reviewed and ap-
proved by the City Engineer. ~The' certificate shall be~by
ARTICLe. XI:
CONSTRUCTION OF REQUIRED I/4~ROVEMENTS
(Continued)
the developer's engineer stating that the Required Improve-
ments were installed under his reponsible direction and that
the improvements conform with the approved construction
plans and this ordinance. The developer's engineer shall also
furnish a copy o£~_eac~ of the. construction plans ona high
quality, time stable reproducible maberial acceptable to the
City Engineer, showing the original design in comparison
to the actual finished work'a~d a copy of the measurements,
tests and reports made on the work and material during the
progress of the-construction.
-SECTION V:
TIME EXTENSIONS -u'~
All Required Improvements shallbe~completed within twenty-
one (21) months from the date of. issuance of the Land Develop-
m~nt Permit. Time extensions may be granted by. the City Council
upon the recommendation of the City Engineer. The developer
shall present a written request for extension to the Office of
' ~-the--City Engineer.-- Each time extension shall not exceed one year.
ARTICLE XII: ACCEPTANCE AND MAINTENANCE OF REQUIRED EMPROVEMENTS
SECTION I:
WORKMANSHIP A~D MATERIAL AGR~RMENT
'The developer shall execute an agreement ~cruaranteeing the
Required Improvements against defect in workmanshipand
material for one year after acceptance of such improvements
by the City Council. Said agreement shall be submitted to
the City Engineer. along ~ith~ the co~pIetion certificate and project.
records. Upon the City Engineer's recommendation the City. may
require a cash bond or other acceptable surety in an amount to be
determined by the City Engineer in addition to the agreement.
SECTION II:
ACCEPTANCE OF DEDICATIO~ND MAINTENANCE OF IMPROVEMENTS
The dedication of public space, parks, rights of way, ease-
ments or the like on the plat shall not C~{itute an accept-
ance of the-dedication by the City.-The-acceptance of the
dedication shall be indicated by a resolution of the City
Council adopted at such time as all Improvements meet or-
exceed the Standards set forth by this ordinance. The City
Engineer upon satisfactory completion and receipt of the agree-
ment shall certify that the developer has complied with all
of the provisions of this ordinance and shall recommend to the
City Council the acceptance of the dedications and, when
applicable, the maintenance of the Required Improvements.
~Upon-such reconunendations the City Council, by resolution,
shall approve the subdivision, the dedications on the plat and
the mmintenanceresponsibilities_of the~required improvements.
101 -
ARTICLE XII: ACCEPTANCE AND MAIN~CE .OF REQUIRED IMPROVEMENTS (Continued)
SECTION III:
CI~/ COMPLETION OF REQUIRED IMPROVEMENTS
Whe~ a plat has been recorded and the developer fails to
complete the Required Improvements as required by this
ordinances-the City Council shall complet~the. Required
Improvements under the guarantees provided'by th~ developer.
In such case, the City Council shall direct the City Engineer
to call upon the guarantees to secure satisfactory completion
of the Required Improvements. Notice of said call shall be
deemed upon posting via CertifiedMail. Upon the completion
the City Engineer shall report to the Council
of such action,
and the Council
shall accept by resoluti~e~.~d~dications and
maintenance responsibility as indicated on the plat. In
such cases, the remaining guarantees posted by the developer
shall be retained for a period of one year after completion in
lieu of the agreement. Any defects occurring during this
period shall be repaired using funds remaining in the quarantee.
102
ARTICLE XIII: PLANNED UNIT DEVELOPMENTS
PlaD~ed Unit Developments as defined
Planned Industrial Developments
of this Code of Ordinances Book
in Chapter'31 and
as defined in Appendix A
shall comply with the
~q~iremen~,~f~this oz~inanceafter~approval of the~
master plan as required by Chapter 31 and AppendixA.
Lot sizes, setbacks and other features preservingopen
spaces of scenic and useful value for common enjoyment
established in Chapter .31 for Planned Unit Development
and in Appendix A for Planned Industrial Development
takes precedence over this ordinance in cases of specific
conflict. Planned Unit Developments a~Planned Indus-
trial Developments shall otherwise comply with all sections
of this ordinance, with the exception of the master plan
section; however, prior to applying the Construction Plan
and Preliminary Plat Section to a Planned Uni~' Develops__
ment and_Planned~Industrial Development, a master plan
approved a.s~p~e~cribe~_by__ChaPter 31 and Appendix A~must
be submitted to the Office of the City Planner.
103 -
ARTICLE XIV: DREDGE~ FILL'AND EXCAVATION.
SECTION I:
SCOPE
When a developerdesig~s a subdivision with waterfront
property adjacent to existing or proposed canals, water
courses, lakes, streams, drainage ways or channels, such
subdivision shall comply and confoz~ to the requirements of
this article.
~ SECTION II:
EASEMENTS OR RIGHTS OF WAY
Where a proposed subdivision is adjacent to existing or
proposed canals, water courses, lakes, streams, drainage
ways or channels, there shall be provided a storm water
easement or a drainage right of way confornu~n~, S~tantially
with the lines of such water course and such further width
or construction or both as will be adequate for the purpose.
Additional right of way may be required where necessary for
maintenance, safety and convenience.
SECTION III:
DESIGN
Where canals, water courses, lakes, streams, drainage ways or
channels are adjacent to or exist upon the property to be
subdivided, they shall retain natural characteristics or be so
designed and protected that they do not present a hazard to
104 -
ARTICLE XIV: DREDGE, FILL AND EXCAVATION (Continusd)
life and safety. Access waterways proposed an conjunction
with the subdivision shal~ have a minimum water depth of six
(6) feet for a continuous bottom width of twenty (20) feet.
Where seawatts, bulkheads or retainage walls are not requi~ed,
the design shall incorporate aminimumof a 4.1 slope from
existing ground to a depth of six (6) feet.
SECTION IV,:
PERMITS
A. When a developer designs a subdivision with waterfront
property adjacent to existing or proposed canals, water
courses, lakes, streams, drainage ways or channels,
before any work may be done to modify existing lands, or
to develop, alter or change such water co~e~ con-
struction plans shall be prepared in accordance with the
provisions of this ordinance. The construction plans
shall be submitted to the City Engineer for the issuance
of a dredge, fill or excavation permit. PriOr to the
issuance of such a permit, the plans shall be approved
bythe City Engineerand Building Department.
B. No person, firm, corporation, or any other association
shall alter, reroute, deepen, widen or change in any way,
any existing ditch, canal, drain, or drainage system
without first obtaining a written permit from the City
Engineer, Construction plans for such work shall be
submitted to the,,City Engineer-for the issuance-of a
- 105
ARTICLE XIV: DREDGE~ FILL AND EXCAVATION .(Continued)
dredge, fill or excavation permit. Prior to the issuance of
such a permit, the plans shall be approved by the City
Engineer and BuildingDepartment
C. Where the--dredge or-fi-lt or~an-'excavation permit affects
public property or sovereign land, the construction
plans required by.paragraphs A and B of this section
shall, prior.to issuance of permit, be ~pproved by the
governing'~gencies havingcontrol over public property or
sovereign lands. This requirement shall i~clude South Florida
Water Management District, Board of Trustees of Internal Revenue
Fund, Corps 'of Engineers, Department ofNatural R~sources,
Lake Worth Drainage District, or' any other public agency
haying jurisdiction in such~atters.
D. Prior to the construction or alteration of water courses
as prescribed in paragraphs A and B of this section,
right of way required for such work must be appropriately
dedicated. Where such construction or alteration affects
a governmental water control district,
or easement shall be to such agency.
SEC~ON V:
SEAWALLS, BULKHEADS, DOCKS AND PIERS
Prior to the construction of any seawall,
pier-a construction permit
the dedication, deed
bulkhead, dock or
shall be obtained from the City
of Boynton-Beach Building Department.
- 106
ARTICLE XIV: DREDGE, FILL AND EXCAVATION
SECTION VI:
DEDICATION AND MAINTENANCE
Where canals, water courses, lakes,_ streams,
or channels
subdivided, they shall be identified, dedicated,
tenance obligations defined on the plat.
A.
(Continued}
drainage ways
are proposed or exist upon the property to"be
and main-
DEDICATION, s--Where public rights for drainage pur-
poses are proposed within a waterway, the easement
shall be dedicated to the public, and the remainder of
the waterway shall be dedicated ~o a property owners'
association or reserved for the use of the residents of a
subdivision when the subdivision is developed as a
condominium or cooperative development ~-~c defined
by Florida Law, or in lieu of the foregoing, the.waterway
in its entirety may be dedicated to a legally constituted
drainage district.
MAINTENANCE -- Rights of way or easements for canals,
water courses, lakes, streams, channels, or other water
management areas shall~be.dedicated to the City, a
drainage control district, or property owners' asso-
ciation for the maintenance and operation of said
enumerated water management areas. Ma'intenance of above
described rights of way or easements dedicated to the City
shall be limited to providing minimum requirements for
drainage as. determinedby the City Engineer.
--'I07 --
ARTICLE XIV: DREDGE, FILL AND EXCAVATION (Continued)
SECTION VTI:
EXCEPTIONS
This article shall not apply to drainage easements containing
subsurface drainage systems ~ ~0es it. 9~ply ~o_the operation
of activities of a governmental water contrql district. .
- 108-
ARTICLE XV: PREVIOUSLY PLATTED SUBDIVISIONS
SECTION I:
ACTIVE SUBDIVISION DEVELopMENT
A plat and/or improvement plans for a subdivision that has been
approved under the Subdivision Regulations adopted.bythe
City Council on March 25, 1959, and amendments thereto,
currently active and under development shall be completed
as approved under thoseregulationswith respect to the
approved plans and/or plat; however, additions thereto which
have not been approved and are not actively under construction
shall be subject to the requirements of this ordinance.
SECTION II:
REVERSION OF SUBDIVIDED LAND TO ACREAGE
The official records of Palm Beach County contain plats
recorded prior to the adoption of this o~dinance governing
subdivision developmentin the City of Boynton Beach. Such plats
show areas within the City of Boynton Beach which have been
platted as subdivisions, but which have either been partially
improved or developed or remain unimproved or undeveloped.
These. areas,~ifdevetoped-as~ptatted-or further~developed as
platted, would not conform to the current needs of urbanization
in the City of Boynton Beach as established herein.
A. The Boynton Beach City Council, Florida, shall have the
power, on its own motion, to order the vacation and reversion
of acreage or all or any part of the
incQrporated areas of City of Boynton
109
subdivision within the
Beach, including the
ARTICLE XV: PREVIOUSLY PLATTED SUBDIVISIONS ~(Continued)
Ce
vacation of streets or other parcels of land dedicated for
public purposes or any of such streets or other parcels.
Such order of vacation and reversion of subdivision
platsmay only.be made,by the-City Council~unde~ the
following conditions:
I. A plat of the subdivision was recorded as provided
-by law not less than five (5) years before the date
of proposed reversion to acreage; and
2. In the subdivision or part thereof proposed to be
reverted to acreage, not more than ~h~rtyTf~ve ~35%)
Perce~t_of...~the un!_~proved portion 'of the subdivision
a~a has been sold as lots with sixty-five (65%)
percent left under one ownership.
Prior to ordering such a vacation and
reversion to acreage
the City Council shall hold a public hearing relative to
the proposed vacation and reversion to acreage, with prior
notice thereof being given by publishing in a newspaper
._0~ local c_irculation the date..of~and the subject matter
of the hearing at least once within the two (2) week
period preceding the date of such public hearing. At such
public hearing, the vacation and reversion to acreage of
subdivided land must be shown to conform to the comprg-
hensive plan of the area in that the public health, safety,
econo.my, comfort, order, and welfare will be promoted thereby.
- 110 -
ARTICLE XV: . PREVIOUSLYPLATTED SUBDIVISIONS (Continued)
No owner of any parcel of land in a subdivision vacated
and returned to acreage shall be deprived by the rever-
sion to acreage of any part of the subdivision by reason-
able access to such parcel nor to reasonable access
therefrom to existing facilities ~o which such parcel has
theretofore had access. Such access remaining or pro-
vided after such vacation and reversion may not neces-
sarily be the.same as theretofore existing, but shall be
reasonably equivalent thereto.
D.] The owner or owners of a subdivision subject to vaca-
tion and reversion to acreage by motion of the City Council
may at their option vacate or abandon the subdivision or
portion thereof, or may improve undevelop~c~ights-of-way
or rights-of-way which have been partially improved at
their cost and expense, provided such improvements shall
comply with the provisions Qf this ordinance and upon
completion be acceptable to the City Council for maintenance.
SECTION III:
I~PROVEMENT OF EXISTING PARTIALLY DEVELOPED SUBDIVISIONS'NOT
SUBJECT TO~VACATI~ON_ANDREVERSION TO ACREAGE BY MOTIONOF THE
CITY COUNCIL.
The improvement of existing partially developed subdivisions
not subject to vacation and reversion to acreage by motion
of the City Council shall comply with the requirements of this
ordinanc~ and the following:
111
ARTICLE XV: PREVIOUSLY PLATTED SUBDIUISI'ONS (Continued)
A. ROADS AND STREETS -- The existing right of way for
local streets shall be considered sufficient provided it is
at least 50 feet wide and the-improvements comply with
the 50 foot typical section for road construction as con-
tained in the City Standards. If the existing right of
way is less than 50. feet wide, additional right of way
shall be provided~to make a total of not less than
50 feet.
B. Easements for proper drainage shall be provided where
necessary at a width adequate to accommodate the
drainage facilities. .A minimum of twelve (12) feet shall
be provided for underground storm drainage installa-
tions and where canals or ditches are~p~ted, the
~ width shall be adequate to accommodate drainage facilities
plus twenty (20) feet on one side to permit equipment
to enter fox maintenance purposes.
C. The preliminiary plat and final plat sections of this ordi-
nance are not required where the improvements are
contained in existing platted rights of way and no addi-
tional right of way dedication needed~ Drainage
rights of way and easements where a plat is not required
shall be submitted by separate instrument dedicating
the easement for such purposes.
ARTICLE XV: PREVIOUSLY PLATTED SUBDIVISIONS (Continued
SECTION IV:
WAIVER
In portions of a subdivisio~ which are not under the control
or ownership of the developer, the City Engineer may
waive the additional right of way requirement set forth in
paragraphs 1 through 3 Section II! hereof, when it is
shown to be impossible fore-the developer ~to acquire the
required mdditional right of way.
ARTICLE XVI: VARIANCES AND-EXCEPTIONS
SECTION I:
ADMINISTRATION OF VARIANCES
When because of the size Of the tract to be subdivided, its
topography, the condition or nature of adjoining areas or the
existence of other unusual physical conditions, literal or strict
enforcement of the provisions of this ordinance would cause
an unusual, exceptional; unnecessary or result in real, diffi-
culties or undue hardshipor injustice, the Council after report
by the Technical Review Board may vary or modify the require-
ments set forth herein. Such variances shall not be granted
if it has the effect of nullifying the intent and purposes of
this ordinance. In granting variances, the Council may require
such conditions as will secure insofar
tives of this ordinance.
A. Variances shall not be granted unless a written application
for a variance has been submitted to the City Engineer
demonstrating:
1. That special conditions and circumstances exist
~. which-are peculiar to the land involved and which'
are not applicable to other lands.
2~ That a literal interpretation of the provisions of this
ordinance would deprive the applicant of rights
commonly enjoyed by other properties.
3. That the special conditions and circumstances do
not result~from the action of the applicant.
114
ARTICLE
XVI: VARIANCES AND EXCEPTIONS (Continued)
4'~ That the granting of the variances requested wii~
not confer, on the ~pplicant any special privilege
that is denied by this ordinance to other lands. No
pre-existing conditions or neighboring lands which
are contrary to this ordinance shallrbe considered
grounds for the issuance of a v~riance.
B. To consider the recommendations of the Technical Review
Board, the Council shall set apublic hearing on the
proposed variance. The Council shall make findings:
1. That the requirements of this section have been met.
2. That the reasons set forth in the application justify
the granting of the variance and that the variance
is the minimum variance thatwould m~ssible
the reasonable use of the land.
3. That the granting of the variance would be in har-
mony with the general purpose and intent of this
ordinance; would not be injurious to the surround-
ing territory; would not impair the desirable gen-
· eral development of the neighborhood or the
~eommunity, as proposed in the comprehensive plan,
or otherwise be deterimental to the public welfare.
C. In granting any variance the Council may prescribe and
require appropriate conditions and safeguards in con-
. .formity with this ordinance. Any variance granted by
115 -
ARTICLE XVI: VARIANCES AND EXCEPTIONS (Continued)
the Council shall be noted ~n its official minutes along
with the reasons which justify the granting thereof and
any required conditions and safeguards. Upon the
granting of a variance, the conditions and safeguards
placed upon the variance by the Council shall be
enforced by the.City Enqineer'andshall~be considered
as. part of the provisions of this ordianc~.
SECTION II:
EXCEPTIONS
The requirements as outlined in this ordinance may be modi-
fied by the Council.in the case of a plan and program for a
complete community, ~which in the judgment of the Council
provides adequate public space and improvements for the
t~irculation, recreation, light~ air and service needs of the
tract when fully developed and populated, and whidh also pro-
vides such covenance or other legal ~provisions as will assure
conformity ~o ahd implementation of the plan. In granting
such modifications, _the. Council ..shall require~ such ~reasonable
conditions and safeguards as will secure substantially the
objectives and standards of this ordinance. Before granting
such exceptions, the plan and program shall be in the appro-
priate zoning district, comply with the Comprehensive Land
Use- Plan, have prior 'approval of the Planning and Zoning Board
and the Technical Review Board. Upon compliance with the
aforegoing, a public hearing shall be held by the Council.
_
ARTICLE XVI: VARIANCES AND EXCEPTIONS (Continued)
SECTION III:
APPEALS
Any person, firm or 8orporation claiming to be injured or
aggrieved by any final action of the Council may present to the
Circuit Court of the County, a petition for a writ of certiorari
to review such final action as provided by the Florida appel-
lant ,rules. Such petition shall be presented to such court
within thirty (30) days after the date of such final action by
the Council.
ARTICLE XVII: .PENALTIES AND'PROHIBITIONS
SALE OR TRANSFER O~ PROPERTY N0~ ~N ~6NFORMANCE WITH THIS ORDINANC~
It shall be unlawful for anyone who zs the owner or agent of
the owner ~of any land to transfer, sell, agree to sell, or
tiate to sell such !and~by reference,to, exhibition of or o~her
use of a plat of a subdivision to such land without having
submitteda plan and plat of such subdivision for approval as
required by this ordinance and without having recorded the
approved subdivision plat as required, if such unlawful use
be made of a plat before it is properly approved and recorded,
the owner or agent of the owner of such land shall be guilty
of a misdemeanor of the first degree, punishable as provided
in.Section 775.082 or Section 775.083, Florida Statutes.
The City Council may bring injunctive action to enjoin such
transfer, sale or agreement.
Failure to comply with the provislons of this section shall not
impair the title of land so transferred or affective validity of
the titl~ conveyed. However,
lation of this section shall,
purchase
to avoid
a purchaser of land sold in vio-
within one year from the date of
thereof, be entitled~tob~in a~ a~ ro ~ ' '
~ ~- g ~ PP pr~ate action _
such sale or to briRg action against the seller for
any damages which he suffers as a result of the
lawful act,~.or both.
seller's un-
ARTICLE XVIII: LEGAL STATUS
SECTION I:
SEVERABILITY
If any section, part of a section, paragraph, sentence, clause~
phrase or word of this ordinance is for any reason held or
declared to be unconstitutional, inoperative or void, such
holdings of invalidity shall not affect the remaining portions
of this ordinance and it shall not be construed to have been the
eglslatlve intent to pass this ordinance without such uncon-
stitutional, invalid or inoperative part therein, and the re-
mainder of this ordinance after the exclusion, of such part
or p-arts shall be deemed to be held valid as if such part or
parts had not been included therein, or if this ordinance or
any of the' provisions thereof shall be held inapplicable to any
person, group of persons, property, kind of property, circum-
stances or set of circumstances, such holdings shall not
affec~ theapplicabilIty' ' ' thereof to any person, property or
circumstances.
SECTION II:
EFFECTIVE DATE
The provisions of this ordinance shall become effective from
and after its passage in accordance with the Charter and
Ordinances of the City of Boynton Beach, Florida~
- 119 -
'ARTTCLE XVIII: LEGAL STATUS (Contih~d)
SECTION III:
INCLUSIQN IN CODE
I~t is the intent of the Council and is hereby ordained,
provisions of this ordinance shall become
of the Code of Laws and Ordinances of'the
that the
and be made a part
City of Boynton
Beach, Florida; that. the sections of this ordinance may be
renumbered or relettered to accomplish such intentions; and
the word "ordinance"may be changed to "section," "article,"
or other appropriate word.
SECTION IV:
CONFLICTING REGULATIONS REPEAT.W.D
Ail ordinances or parts of ordinances in
repealed.
conflict herewith are hereby
First reading, this
Second, final reading
~o day of ~ ~, ~9 77
and passage, this ~ ~-- day of ~
CITY OF BOYNTON BEACH, FLORIDA
, 197~
B~
ATTEST:
City Cler~~
(Corp. Seal)-
Lmember
Stet
.: ' $~ 50.00
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_ _ _ IPlUS 1%. of Bono
an~ SOhO - [. . . . ......... Recording.
'::.':':" :... ~<'; '--.:'F-:.' ..........
La. Dev. J 21 months leton 6fJ_'lf~l. F~' !_ Ic~w I ' rxnal
- J - - J J -.-J ~,J -'. ' J JRes~ :'J ~nce
DEDICATION AND RESERVATION
(CORPORATE)
KNOW ALI, MEN BY THESE PRESENTS THAT (corporate'name)
a (sta~.e) corporation, owner-of ~andshown hereon, being
Section ,__Township ,'Range
Boynton Beach, Palm Beach County, .Florida, shown hereon as
(subdivision name) , being more particularly described as
follows:
- OR -
(IAIDIUiDUAL)
KNOW ALL.MENBYTHE.SE PRESENTS that (name (s)) ,
Owner[s) of the land hereon, being in Section , Township
· Range , Boynton Beach, Palm Beach
County, Florida, shown hereon as (subdivision name) , being
more particularly described as follows:
(Description)
have caused the same to be surveyed and platted as shown hereon and
do hereby dedicate as follows:
1. Streets:
The streets as shown are hereby dedicated to the City of
Boynton Beach, Florida, for perpetual use of the public for proper
purposes.
- OR -
That tracts for private road purposes as shown are hereby
dedicated to the (name) (Property Owners')
(Homeowners') (Condominiam)(Cooperative) Association and are the
perpetual maintenance obligation of said association.
2. Alleys:
The alleys as shown are hereby dedicated to the City of
Boynton Beach, Florida for perpetual use of the public for proper
purposes.
OR
that tracts for private alleys as shown are hereby
APPENDIX 2
- ~122 L'
DEDICATION AND RESERVATION (Continued)
d~dicated to the (name) (Property Owners')
(Homeowners') (Condominium) (Cooperative Apartment) Association
and are the perpetual maintenance obligation of said association.
3.- Access Waterways:
The access waterways as shown are hereby dedicated to the
City of Boynton Beach, Florida, for the perpetual.use of the public
for proper purposes.
- OR -
The access waterways as shown are hereby dedicated to the
(name) (Property ~wners') (Homeowners')
(Condominium) ~Cooperative Apartment) Association and are the
perpetual maintenance obligation of said association.
Easements:
.a. Utility and Drainage Easements --.The utility easements
and drainage easements as shown are hereby dedicated in perpetuity
for the construction and maintenance of utilities and drainage.
b. Limited Access Easements -- The limited access easements
as shown are dedicated to the City of Boynto~ Beach, Florida, for
the purposes of control and jurisdiction over'access rights.
5. Water Man~gementTracts/Drainage Rights of'Way:
The watermanagement tracts and/or drainage rights of way
as shown are dedicated to the[Qity of Boynton Beach, Florida)
( (name) Drainage District) ( (name)
Homeowners' Association) ( (name) Condominium
Association) ( (name) Cooperative Apartment Asso~
ciation) for the proper purposes and the perpetual maintenance
obligation of said (City of Boynton Beach) (Drainage District)
~(Association).
6. Recreation Areas:
The recreation areas as shown are hereby dedicated to
the City of Boynton Beach, Florida, for the perpetual use of the
public for proper purposes.
- OR
APPENDIX 2 (Continued)
_
DEDICATION.AND RESERVATION (Continued)
The recreation areas shown are hereby dedicated to
(name) (Property Owners') (Homeowners')
(Condominium) (Cooperative Apartment) Association and are the
perpetual maintenance obligation of said association.
(CORPORATE)
t~WITNESS W~iEREOF-, the.above-named Corporation has cause~
these presents to be signed by its . .(President Or Vice President)
and attested by its (other .corporate officer) and its
corporate sea! tobe affixed.hereto~byand..with..the_authorityof
its Board of Directors, this day of
(Corporation .Name)
corporation of the State of
(name)
a
By: (Siqnature of President or V. Pres.)
(Type name and title of officer)
ATTEST:
(Siqnature of other corporate officer)
(Type name and title of officer)
(INDIVIDUAL)
IN WITNESS WHEREOF, '(I) (We),
do hereunto set ~(I) (Our) hand(s)
of , 19 ,
and
(name ( s ) )
seal (s) this
(Impressionable)
P ' ORPORA SRAL)
day
(Witness)
(witness)
(Typed name )
(name)
(Typed name)
APPENDIX 2 (Continued).
- 124-
TITLE CERTIFICATION
STATE OF FLORIDA
COUNT~ OF
(I) (We),,
in the State of Florida)
, (a duly'licensed attorney --
(a title insurance company, duly licensed -
in the State of Florida) do hereby certify that (Il (We) have
examine~d the title to-.the~e~eon%described proper~y; ,that ~I) (We)
find the title to the property is vested t~ (Indlvldua!/Corporation);''
that the current taxes have been paid; and [that (I) (We) find that
thepropertyis free of encumbrances) or, if applicable (that the
property is encumbered by the mortgages sh~n hereon; and that
(We) find that all mOrtgages are shown and are true and cbrrect)
and/or if applicable (the property is found to contain deed
reservations which,are not applicable and do not affect the sub-
division of the property).
(OR)
~Attorne¥-at-law licensed in Florida)
.(Officer of title insurance company
licensed in Florida).
SURVEYOR'S CERTIFICATE
APPENDIX 3
This is to certi~f that the plat shown hereon is a true and correct
representation of a surveymade unde~my responsible direction and
bupervision and that said survey is accurate to the best of my know-
ledge and belief and that (P-R.M.'s) Permanent Reference Monuments
and (P.C.P.'s) Permanent Control Points have been placed as required
by law (or, when applicable, that (P.C.P.'s) will be set under the
gUarantees posted with for the Required Im-
provements) and further that the survey data complies with all the
requirements of Chapter 177 Florida Statutes, as amended, and ordi-
nances of the City of Boynton Beach, Florida.
Registered Surveyor No.
State of Florida
APPENDIX
MORTGAGEE' S CONSENT
COUNTY OF ~ :·
The undersigned hereby certifies that.it.is the holder of
(a) mortgage(s), lien(s), or other encumbrance(s) upon the
property described hereon and does hereby join.in and consent
to the dedication of vthe-~t~mddescribed..in--said dedication by
the owner thereof and agrees that its mortgage(s), lien(s), or
other ehcumbrance[s) which (is) (are) recorded-in Official Record
Book at pag~(S) of the
public records of Palm Beach County, Florida, shall be sub-
ordinated ~o the dedication shown hereon.
(CORPORATE)
IN WITNESS WHEREOF, the said corporationhas caused these
presents to be signed by its .(President or Vice-President)
and attested to by its (other corporateofficer and its
corporate seal to be affixed hereon by and with the authority
of its Board of Directors this .... ~ ~ay of ,
19
ATTEST:
(Corporate name) ,
-corporation of the State of (name)
By: (Signature of President or V.Pres.)
(Typed name and title of officer)
a
(Signature of other corporate officer)
(Typed name and title of officer)
(Impressionable)
(CORPORATE SEkL)
APPENDIX 5
- 126 ~
MORTGAGEE' S CONSENT (Continued)-
.(X~DIVIDUAL)
IN 'WITNESS WHEREOF [1)' (We) (name(s))
do hereunto set (my) (Our) hand(s) and seal(s) this
day of , 19
WITNESS:
ACKNOWT~DGMENT (see Appendix 7)
(siqnatlure)
(typed name)
(signature ]
(typed name)
APPENDIX 5 (Continued)
- 127 ~
APPROVALS
CI T~ COUNCIL
CIT~ OF BO~NTON BEACH
This plat is hereby approved for record this
day of , 19
...... (S~q~ature ~of.~a~or) (Seal)
(Typed nameand ~itle)
CITY ENGINEER
This plat is hereby found to meet all requisite State
and City laws and ordinances.
(Siq~ature of City Enqineer) (Seal)
(Typed name ~3ad title)
ATTEST:
By:
(City CLerk) (seal)
APPENDIX 6
- 128 ~-
ACKNOWLEDGMENT
(CORPORATION)
STATE OF
COUNTY OF
~BEFORE ME personally appeared
and to me well known, and known to
me to be the individuals described in and who executed the fore-
going instrument (Vica)~.P~esident and of
the
· a corporation, and severally
acknowledged to and before me that they execute~ ~such.i~str~ment
as such officers of'said corporation and that the seal affixed
to the foregoing instrument is the corporate seal of said
corporation and that it Was affixed to said '~nstrument by due
and regular corporate authority, and that said instrument is
the free act and deed ofs 'aid corporatzon.
WITNESS n~ hand'and official seal
,19
this
day of
My commissionexpires:
(siqnature)
No~PUblic
(Impressionable Seal)
(INDIVIDUAL)
STATE OF
COUNTY OF
BEFORE ME-personally appeared to me well
known and known to me to be the person(s) described in and who
executed~the foregoing instrument, and acknowledged before me
that (he) (she) (they) executed said instrument for the purposes
expressed therein.
WITNESS my hand and official seal this day of
· 19
My commission expires:
APPENDIX 7
(sic~nature)
Notary Public
(Impressionable Seal)
CONTRACT FOR CONSTRUCTION OF REQUIRED IM~PROVEMENTE
THIS CONTRACT,
day
made and entered into this
('Developer) - ,19 , by and between:
· a corporation of the State of
-OR-
- .(Developer) an individual~ hereinafter referred to as
apOlitical subdivisibn
of the State of Florida., hereinafter referred to as "City."
WI TNESSETH:
WHEREAs, anordinance known as the Subdivision and Platting
Regulations ofCit~of Boynton Beach, Florida, establishes pro-
cedures and standards for the development and subdivision of re
estate~and for~the surveyinc and ~1=~- ~= ..... . ... al
~fanzon or certazn improvements and providin9 penaltie~ f~r
violations, amongother things; and,
WHEREAS, a final plat of a subdivision within the incorporated
area 6f the City of Boynton Beach shall not be recorded until the
Developer has guaranteed to the satisfaction of the City such improve-
ments will be installed: and,
WHEREAS, DEVELOPER is commencing proceedin~-~%~effect a subdivision
of land in the City of Boynton Beach, Florida; and,
WHEREAS, DEVELOPER .requests the recording of a
subdivision in the
City of Boy. ton Beach,
; and,
certain plat of a
Florida, to be known as
WHEREAS, the Required Improvements of said subdivision are to be
installed after recordation of said platunder guarantees posted with
the City.
NOW, THEREFORE, in consideration_of' the intent-and desire of the
DEVELOPER' as s'et forth herein, and to gain approval of the City to
record said plat, the DEVELOPER and City agree as follows:
1. The DEVELOPER-agrees to, within tWenty-one (21) months from
and after the date of recording of said plat, complete the Required
APPENDIX 8
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS (Continued)
Improvements for the u division, to be known as
according to the construction plans
approved by the City Engineer, identified as
on file in the Office of the City Engineer.
2. ~e DEVELOPER, zn accordance withthe requirementsestablished
by the Subdivision and Platting Regulations of %he City of_Boynton
Beac~,__~Florida,. tenders tm the Ci.ty~a ~uarantee~or surety, speci-
fically identified as
a Performance Bond, dated
with as'Principal and
as the Surety, in the amount of $
which,amount is not less than the certified estimate submitted by
the DEVELOPER's engineer and approved by the City Engineerof the
cost of said Required Improvements as sho~n on the said approved
construction~plans.
3. The guarantee or surety bond as set forth herein and pre-
scribed by the. Subdivision and Platting Regulations of the City
of Bolrnton Beach, Florida, is required by this-contract and attached
~reto and by reference made a part hereof.
4. In the event the Developer shall fail orneglect to fulfill
~is obligations under this contract and as req~_ed by the Subdivision
and Rlatting Regulations of the City of Boynt~~ Beach, Florida, the ~
Developer, as Principal, and the guarantee or surety shall be jointly
~nd sever$11y liable to pay for the cost of Construction and instal-
lation of the Required Iraprovements to the final total cost, includ-
ing, but not limited to, engineering, legal and contingent costs
together with any damaged, either direct or consequential, which
and City may sustain as a result of the failure of the Developer to
carry out and execute all of the provisions of this contract and the
provisions of the Subdivisions and Plattingl.Regulations of the City
of Boynton Beach, Florida.
5 -The Developer and'the surety further Jointly and severally
agree that the City at its option shall have the right to construct
and install or, pursuant to public advertisement a~d receipt of bids
cause to be c0ns~ructed and~in~tallsd .the-Required~Improvements
in case the Developer fail or refuse to do so in accordance with the
terms of this contract. The D~veloper and the surety shall be jointly
and severally liable hereunder to reimburse the City the total cost
thereof. ~
APPENDIX 8 (Continued)
- _131 -
CONTRACT FOR CONSTRUCTION OF REQUIRED IF~PRovEMENTS (Continued)
6. The City agrees td record said plat at such time as the
plat complies with the provisions set forth bythe Subdivision and
Platting Regulations of the City of Boynto~Beach,. Florida· and
has been approved in the manner prescribed therein.
IN WITNESS WHEREOF,
presents, this
19
the parties hereto have executed these
day of
(CORPORATE)
(Corporation n~m~) , a
corporati°n of the State of
DEVELOPER
ATTEST:
By: (Signature of other corporate
(Typed name and title)
(ISIDIVIDUAL) '
. (Signature of Pres. or V. Pres.)
__ (Typed' name and title)
(Impressionable)
officer) (CORPORATE SEAL)
DEVELOPER
WI TATESSE S:
ATTEST:
(Signature)
CITY COUNCIL OF T~E
CITY OF BOYNTON BEACH
By~ . (Signature of Mayor)
By: (City Clerk)
APPENDIX 8
(Continued)
PERFORM3~CE BOND
ENOW ALL MEN BY THESE PRESENTS:
That we, (developer) _ 1
(hereinafter called the "Principal"),
and {securit.~ company) a suretycompany ~ ~
authorized to do business in the State of Florida, (hereinafter
in the futl and just sum of
Dollars ($ ) lawful money of the United States of America,
to be paid to the'~city of-Bolrnton-~e~ch, towhich payment~welt, and
truly to,be made we bind ourselves, our heirs, executors, admini-
strators~ successors and assigns, jointlyand severally, firmly by
these presents:
W~REAS, the above bounded Principal, as a condition precedent
to the approval by the City of BoYnton Beachof a plat of a
certain subdivisiOn.known aS .(name of subdivision)
has entered into a written contract with the City of Boynton Beach
bearing date the day of ,19 , ~to
construct Req~iredImprovements prescribed by the contract and
the Subdivision and Platting Regulations of the City of Boynton
Beach, Florida, pertaining to said subdivision. A copy of said
co~tract is hereto attached and by reference made a part hereof;
and ....
WHEREAS, it-was one of the conditions of said contract that this
bond be executed:
NOW, THEREFORE, the conditions of this obligation are such that
if the above bot%nden Principal shall in all respects complywith
the terms and conditions of said contract, within the time therein
~pecified, and shall in every respect fulfill (its) (his) (their)
obligations thereunder and under the plans therein referred to and
made a part thereof, and shall indemnify and save harmless the City
of Baynton B~ach~against. orfrom.~allclaims, costs,~expenses, damages,
injury or loss, including engineering, legal and contingent costs
which the City of Boynton Beach may sustain on account of the'failure
of the Principal to carry out and execute all ~the provisions of said
agreement, within the time therein specified, then ..this obligation
to be void; otherwise to be and remain in full force and virtue.
THE.sURETY UNCONDITIONALLY COVENANTS AND AGREES THAT if the
Principal fails to perform all or any part of the construction work
required by_said ¢ontract,~ithin, the time specified, the Surety,
APPENDIX 9 ~ -'
PERFORMANCE BOND (Continued)
upon thirty days written notice from the City of Boynton Beach,
or its authorized agent or~0fficer, of the default, will forth-
with perform and complete the' aforesaid const~action work and
pay the cost thereof, including, but not limited to, engineering,
legal and contingent costs. Should the Su~etyfail or refuse to
perform and complete the said improvements, the City of Boynton
said plat, shall have the right to resort to any and all legal
remedies against the Principal and the Surety, or either, both
at law and inequity,~includingspeclifically, specif,ic performance,
to whichthe ~rincipal and Surety unconditionally agree.
THE PRINCIPAL AND THE SURETY FURTfIER JOINTLY AND SEVERALLY~AGREE
THAT THE City, at its option, shall have the right to construct
or, pursuant to t~blic advertisement and receipt of bids, cause
to be constructed the aforesaid improvements in-case the Principal
should fail or refuse to do so in accordance with the terms of said
contract and in the event the City should exercise and give effect
to such right, the Principal and the Surety shall be jointly and
severally liable hereunder to reimburse the City the total.cost
thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or
consequential,~ which may-be sustained on account of the failure
of the Principal to car~y out and execute all<~- provisions of
said contract.
IN WITNESS W~EREOF, the Principal and the Surety have executed
these presents this day of 19
(CORPORATE)
ATTEST:
By:
.... (Corporation name) , a
corporation of the State of ,
PRINCIPAL.
(Signature of Pres. or V. Pres.)
(Typed name and title)
Byf ' (Signature of other corporate-officer)
(Typed name and title)
Address:
(Impressionable)
(CORPORATE SEAL)
APPENDIX 9 (Continued}
- i3 '-
PERFORMANCE'BOND (Continued)
(INDIVIDUAL)
Address:
(Typed name)
PRt NC I PA L
Witnesses:
(SURE~)
Address:
(Name of surety)
SURE TY
(Its attorney-in-fact~ Power of
Attorney to be attached)
ATTEST:
APPENDIX 9 (Continued)