O96-56LDI~.Ch~
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ORDINANCE NO. O96-ffG
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 6, "REQUIRED IMPROVEMENTS" OF THE
LAND DEVELOPMENT REGULATIONS, BY AMENDING
ARTICLE III. "IDENTIFICATION OF REQUIRED
IMPROVEMENTS", SECTIONS 4, 11 AND 12; BY
AMENDING ARTICLE IV. "DESIGN REQUIREMENTS
FOR REQUIRED IMPROVEMENTS" SECTIONS 1, 5, 7,
AND 10; BY AMENDING ARTICLE V. "CONSTRUCTION
OF REQUIRED IMPROVEMENTS", SECTIONS 4 AND 7;
BY AMENDING ARTICLE VI "ACCEPTANCE AND
MAINTENANCE OF REQUIRED IMPROVEMENTS"
SECTION 3; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, it has come to the attention of the City Commission of the City of
Boynton Beach that some clarification is required regarding certain Sections and
Articles in the recently adopted Land Development Regulations; and
WHEREAS, upon recommendation of staff, the City Commission of the City of
Boynton Beach has deemed it to be in the best interests of the citizens and residents
of the City of Boynton Beach to amend these Land Development Regulations;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 6, REQUIRED IMPROVEMENTS. Article Iii.
"Identification of Required Improvements", Section 4. "Clearing, grading, filling." is
hereby amended by adding the words and figures in underlined type, and by deleting
the words and figures in struck-through type, as follows:
Section 4. Clearing, grading, filling.
S'abdivi:icn~ ahall be g_Graded and where nccea~ar-A excavated and/or filled to comply
with *~'" '~"; .... ,4,.~; ....... ":~'~'~ "~ ..... ~""~ ;- this chapter, taking into consideration the
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existing and future grade of adjacent properties and rights-of-way. Prior to commencement of
any construction activity on the site a reclamation plan in compliance with Chapter 8, Article 111,
Section A, paragraph la shall be approved by the director of development crdin-~nce.
s~?~! eClear all rights-of-way and make all grades for streets, alleys, lots, water tracts and other
areas compatible for drainage as prescribed in the drainage design. -T-he ~T_ype of fill within
dedicated rights-of-way and other dedicated land shall be satisfactory to ~d meet vdth the
........ 1 of the director of development, based on soil tests ^*'"~'~-~
......... ~,,,~ ......... provided and
paid for by the developer who shall certify as to the type of material and method of placement.
In the interest of the preservation of existing trees and other natural beauty, the director of
development may vary the requirements of this section where aesthetic and environmental
conditions will be enhanced but will not affect proper drainage of the area.
· ,~ .............. mea~u;aa to ~-+~'~ bB_lowing sand, dust and other airborne
particulate matter shall be controlled in compliance with Chapter ?.~, Article I, Section 19C
Remove ~ll Melaleuca, Brazilian Pepper and Australian Pine ...~,:.~....,~.. ,~.~,~...o .......... ,~.. ~....~:+" ,....-.~"' k^...~
Section 2.
"Identification of
That Chapter 6, REQUIRED IMPROVEMENTS. Article III.
Required Improvements", Section 11. "Sidewalks." is hereby
amended by adding the words and figures in underlined type, and by deleting the
words and figures in struck-through type, as follows:
Section 11. Sidewalks.
A 1:}1 AT"T~I~/'~O TlXmI ATTq~I~ eTTOI~T~TeT~'~XTe Sidewalks shall be constructed
on both sides of all local and collector streets, and on one side of marginal access streets in all
areas. They shall be constructed concurrent with building construction.
~_.A. Waiver. A required sidewalk may be waived by the technical review committee
in platted or unplatted subdivisions when it determines that adequate pedestrian
circulation is provided by bicycle/pedestrian paths. The control, jurisdiction and
maintenance obligation of bicycle/pedestrian paths not located within a public
fight-of-way shall be placed in a property owner's association or an improvement
district. Bicycle/pedestrian paths shall be constructed concurrently with other
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required improvements.
liB. Alternatives. A dual system consisting of sidewalks within public right-of-way
and bicycle/pedestrian paths outside of the public fight-of-way may be required
to provide adequate pedestrian circulation. Paths shall be constracted
concurrently with other required improvements and shall be included in the surety
described in Chapter 6, Article V, Section 2, paragraph A2.
Section 3. Chapter 6, REQUIRED IMPROVEMENTS. Article Iil. "Identification
of Required Improvements", Section ~ 2 "Streets." is hereby amended by adding the
words and figures in underlined type, and by deleting the words and figures in struck-
through type, as follows:
Section 12. Streets.
All streets and related facilities required to serve the proposed subdivision shall be
constructed by the developer. The construction shall consist of, but not limited to, street grading,
base preparation and surface course along with drainage, and shall be in accordance with4hflm
............ j ..................... rr ...... -~ ..... an re ons.
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Before any plat or deed Or instrument conveying or dedicating any street right-of-way to
the city shall be accepted by the city, all roads shall be paved so as to meet the minimum
requiremems set forth in this chapter.
Section 4. Chapter 6, REQUIRED IMPROVEMENTS. Article IV. '"'Design
Requirements for Required Improvements." Section 1. is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in
struck-through type, as follows:
Section 1. Access.
A. POINTS OF ACCESS. Points of access to lots ~
shall be1~..+,~,4 . ~: :
........... n: ....... cf at least thirty (30) feet from intersecting right-of-
way lines on local streets and one hundred eighty (180) feet from intersecting
r -of-way lines on all other streets .... ~
erdiaanee. However, access to townhouse clusters may be via parking lots and/or
driveways designated on the plat as access or parking tracts providing the length
of said access does not exceed six hundred (600) feet. ~e-sS_ubdMsion_s shall be
designed to,-,,~-,-,-v--~-,l:~' provide access to flaeall_ lots by the use of local streets.
.......... j ............................... Points of access to mar access
roads from collector streets or streets of higher classification must be at least 660
feet apart, with the initial access point at least 330 feet from intersecting right-of-
way lines of such streets unless otherwise approved by the director of
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development.
DRIVEWAY SPACING. Minimum spacing between driveway centerlines on all
streets except local streets is one hundred thirty feet or in compliance with Palm
Beach County standards for county roads or FDOT standards for state roads,
whichever is greater.
STREET CONNECTIONS.
1_. Local streets to collectors. Local street connections to collector streets
shall be a minimum of six hundred sixty (660) feet apart.
Collector streets to arterials. Collector street connections to arterial
streets shall be a minimum of one thousand three hundred twenty (1,320)
feet apart.
D._ DOUBLE FRONTAGE LOTS. ~ther-e-~_ouble frontage lots ~
adjacent to a collector or arterial street,--they shall front on a local street._ and tThe
rear of the lot shall be4he-side4,vtq~ abuts the collector or arterial street. In :uch
by '
..... +~'~ ~'+ ~*'"" andbe buffered as required +~':~ ordmancothese Land
Development Regulations.
Section 5. Chapter 6, REQUIRED IMPROVEMENTS. Article IV. "Desi,qn
Requirements for Required Improvements", Section 5 "Drainage and storm water
treatment." is hereby amended by adding the words and figures in underlined type,
and by deleting the words and figures in struck-through type, as follows:
Section 5. Drainage and storm water treatment.
A. DRAINAGE. ~ :',:bd';v.:s':c,n~ :hall havcProvide comprehensive storm drainage
facilities. Tl',eSubmit construction plans and certified drainage design data ofthe
~,.-}, .... 5y which includes, but is not
limited to, method of control of storm water and groundwater;, .......... :._~..a:._~ the
method-el; drainage plan;; existing water elevations;; recurring high water
elevations;; proposed design water elevations;; drainage structures;; canals;;
ditches; and any other pertinent information pertaining to the system, :r-he
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%yl'~,.,~,~+ 1"~,;,.,,+..,.;~+ T.,,. ~,1,1.;+;,~.,, +1-, ....
sb"~-,J P_ro~d¢ for drainage o£lots, streets, roads a~d other pubEc ~¢as including
surface waters wl~ch ~ain into or tl~ough thc propemT. The drainage des~g~ for
..... ~ .......................... must pro e radequatesu ce
water drainage of naturally occurring or ¢~dsting adjacent contributo~ a~eas.
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.... A 1-, .... +1,,, +1,,, ...... ,~,,,,+
1_. Design Criteria.
a_ Design using acceptable engineering principles.
b_ Protect all future buildings from a one in one hundred (100) year
storm.
c_. Provide South Florida Water Management District ($FWMD)
approval.
d_. Provide for maintenance of groundwater levels to prevent over
drainage for the intended land use.
e_ Design for rainstorms of maximum intensity predicted for the
Palm Beach County area at three-year intervals according to
current SFWMD charts and data.
f. Design for long life, low maintenance cost and ease of
maintenance.
~. Design so that the hydraulic gradient is not higher than gate
elevations of any inlet in the system.
h_ Slope pipe and channel structures to minimize sediment.
i_. Use runoff'coefficients applicable after complete development has
occurred.
2_ Components.
a_. Minimum pipe size is fifteen (15) inches in diameter.
b_ Distance between terminating or intermediate structures shall not
exceed those required by state standards for the construction of
maintenance inlets or manholes.
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Dedications.
Pipe shall meet ASTM, AASHTO and current Department of
Transportation specifications. Concrete pipe shall have gasketed
joints, meeting the requirements of AASHTO.
Metal pipe used beneath pavement or parallel within the right-of-
way shall provide a joint-free installation. Where joint-free
installations are not feasible pipe shall be jointed with a twelve-
inch wide band having a mastic or neoprene gasket providing a
watertight joint. Other jointing techniques meeting or exceeding
these requirements may be used if approved by the director of
development.
Pipe shall be fitted with headwalls, endwalls, inlets and other
appropriate structures.
Catchbasin and manhole covers shall be bicycle proof.
Where additional ditches and canals are required to
accommodate contributory surface waters, right-of-way shall be dedicated
for future needs. Exception: developer may excavate or open sufficient
capaci _ty to provide for existing drainage needs whenever the developed
or undeveloped status of adjacent areas so warrants, subject to approval
by the director of development.
STORM WATER TREATMENT. Rainfall runoff, surface waters and
groundwaters shall be managed in subdivisions to
opfimiz ality;---*,4~*~
e water qu ........... , ........ j, ,~ .................................,
and maximize percolation and detention to promote the re-use of this resource;,
~" '" ....... The treatment shall be acceptable to the q~'-*~' rn~.4.~ Wate~
M,~,,,e,,,,,,,,,~ ......... D:o*'4-* ........ Storm Water Management shall be governed by the
appropriate drainage district
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l: Design Criteria.
a_. Size to accommodate at least a one hour, three-year storm or to
retain the first inch of runoff, whichever is greater.
Provide detention for at least the first inch of rainfal! in swales
retention
areas or other approved facilities.
Pervious areas shall be sodded and irrigated unless other
landscaping is approved by the director of development.
Route runofffrom roads, parking lots, roofs and other impervious
surfaces over areas where percolation is accomplished prior to
introduction into any receiving facility. Runoff carded directly
into the dosed storm sewer system must be discharged to
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percolation areas prior to conveyance to off-site receiving waters.
Components.
a_ Maximum runoff distance over impervious surfaces before
diversion to percolation areas is fifty (50) feet excluding roofs,
sports fields, roadway gutters and storm sewers.
b; Temporary ponding shall not last more than eight (8) hours.
c._ Swales may be substituted for storm sewers to convey and collect
surface waters. Minimum swale grade shall be three feet per
1,000 linear feet. Maximum swale grade is limited to that grade
which will produce water velocities below the threshold of
erosion. Maximum swale side slope in shall not exceed four to
one (4:1).
Water management tracts shall include a twenty-foot maintenance
easement with a maximum side slope of eight to one (8:1) to
elevation. Maximum slope fi.om edge of maintenance easement to
a point two feet below control elevation is four to one (4:1).
Dedications. Major treatment facilities such as swales, lakes, canals, and
other areas used for storm water management prior to discharge fi.om
development shall be placed in water management tracts shown on the
plat and dedicated to the entity responsible for their maintenance.
Alternate treatments. Alternate treatment methods or facilities which in
the opinion of the director of development are equal or superior to the
above requirements may be approved. Application for such approvals
shall be accompanied by written data, calculations and analyses which
show, by accepted engineering principles, that the alternate proposal is
equal or superior to that required.
All major treatment facilities such as swales, lakes, canals, and other
detention areas used for storm water management prior to discharge from
development shall be placed in water management tracts shown on the plat and
dedicated to the entity responsible for their maintenance. All water management
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tracts shall include where necessary, a twenty-foot maintenance ~ easement,
with a side slope not steeper than eight to one (8:1) to control and four to one
(4:1) two (2) feet below control.
Alternate treatment methods or facilities which in the opinion of the
director of development are equal or superior to the above requirements may be
approved.
Section 6. Chapter 6, REQUIRED IMPROVEMENTS. Article IV. "Identification of
Required Improvements", Section 7 "Lots." is hereby amended by adding the words and figures
in underlined type, and by deleting the words and figures in struck-through type, as follows:
Section 7. Lots.
All lots shall have frontage on a street...
A restriction shall be defined on the plat prohibiting construction or plantings over +~'~ t~ feet
2 foot six inches high on comer lots within a safe sight distance based on the crown elevation of
the street.
Section 7. Chapter 6, REQUIRED IMPROVEMENTS. Article IV. "Identification of
Required Improvements", Section 10 "Streets." is hereby amended by adding the words and
figures in underlined type, and by deleting the words and figures in struck-through type, as
follows:
Section 10. Streets.
STREET PAVEMENT WIDTHS. Street pavement widths shall be as follows:
Street Type
Expressway ......
Major arterial...
Arterial ............
Paving Width (in feet)
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,
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median
*Collector ....... 2 or more 12-foot lanes
optional
*Local .............. 2--11 foot lanes
*Measured from center of valley_ curb or edge of pavement
with turning lanes, median
MATERIALS. Streets shall include a subgrade, base and wearing surface in
accordance with current city standards. Local streets shall be paved with one and
one-half(1 1/2) inches of Type t-t S-II or S-III asphaltic concrete surface course
placed in two lifts on an acceptable base with a stabilized subgrade producing a
fifty (50) p.s.i. Florida bearing value. All other streets of higher classification shall
be paved with one and three-quarters (1 3/4) inches of Type t-t S-II or S-III
asphaltic concrete surface course placed in two lifts on an acceptable base with
a stabilized subgrade producing a seventy-five (75) p.s.i. Florida bearing value.
Acceptable base material shall be limerock or approved local shell having ~
a twelve-inch compacted thickness or the equivalent of sand asphalt plant mix
meeting state standards. An alternate of Type I asphaltic concrete ma;,- ..... d
................ one an
one-half (l 1/2) inches thick may be used on all streets of higher classification.
Section 8. Chapter 6, REQUIRED IMPROVEMENTS. Article V. "Construction of
Required Improvements", Section4 "Construction Documents." is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in struck-through
type, as follows:
Section 4. Construction documents.
PREPARATION & SUBMITTAL OF CONSTRUCTION DOCUMENTS.
Upon approval of the master plan by the TRC, the developer shall submit to the
director of development's office within six (6) months eight (8) sets of signed and
sealed construction plans and six (6) sets of the plat along with a nonreimbursable
fee as adopted by resolution of the City Commission payable to the City of
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Boynton Beach. The subdivision of a large tract may be developed in two (2) or
more increments and the developer may submit construction plans and a plat for
approval to develop the subdivision in increments. The construction plans and
plat shall coincide with the master plan or site plan as approved, and major
deviation desired by the developer must be approved by the TRC by application
from the developer and resubmittal.
Section 9. Chapter 6, ~Q~D ~RO~NTS. ~icle V. "Construction of
Required Improvemems", is hereby mended by creating a new Section 7. entitled "Obt~ng
Ce~ificates of Occupancy." as follows:
~ection 7. ..Obtaining Cemificates of Occupanc~
No Ce~cates of Occup~cy will be issued for buil~ngs ~ the pla~ed subdMsion until
~ mq~ed ~prov~mts ~e mmpleted and accept~ by the Ci~, except thru a develop~ may.
at ~s opfio~ post additional 110% s~ety in compli~ce ~th Chapter 7 for wOrk w~ch may bu
~ore prudently put in place subsequent to bufld~g construction such as sidewal~s and
.landscaping. Ce~ificmes of Occupancy will not be issued for the final ten (10) percem of th,
b~ldings until such work is accepted by the city as completed.
~ectionl0. Chapter 6, ~Q~D ~RO~NTS. ~icle ~. "Acceptance ~d
M~ten~ ofr~ed ~proveme~s", Section 3 "City completion ofreq~red improvements"
is hereby amended by add~g the words ~d fi~ms ~ ~dedined ~e, ~d by delet~g the words
and fi~res in stmck-t~ough t~e, as follows:
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ATTEST:
Cityff;lerk
Section 3. City completion of required improvements.
When a plat has been recorded and the developer fails to complete the improvements
required by this ordinance, the City Commission may~ complete the
publicly owned and maintained improvements or restore the site to its original condition under
the guarantees provided by the developer. In such case, the City Commission shall direct the
director of development to call upon the guarantees +
:rap .... m,,nts as outlined in Chapter 7, Article I, Section 2, paragraph D.
Section 11. That each and every other Section of Chapter 6 not herein
specifically amended shall remain in full force and effect as previously enacted.
FIRST READING this ...~ day of November, 1996.
SECOND, FINAL READING AND PASSAGE this ,=,¢/ day of January, 1997.
CITY OF BOYNTON BEACH, FLORIDA
~7~ce Mayo~ · / __~-/ ..~
ommissioner
Cop~ff~issioner
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