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38-77 ORDINANCE NO. 38-77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 23A "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER 23A ENTITLED "SUBDIVISIONS" REGULATING THE SUBDIVISION AND PLATTING OF PROPERTY IN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 23A "Subdivisions" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed and a new Chapter 23A is hereby substituted in its place to read as follows: Section 23A-1 GENERAL PROVISIONS (A) APPLICABILITY (1) No subdivision of any lot, tract or parcel of land shall be effected, no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use and travel, or the common use of occupants of buildings abutting thereon ex- cept in strict accordance with the provision of these regulations and pertinent Florida Statutes. (2) All plans for subdivisions shall be submitted to the Planning and Zoning Board for review and be approved by the City Council. (3) The provisions contained herein shall apply to all land within the limits of the City of Delray Beach, or proposed for annexation thereto. (B) PURPOSE (1) To protect and provide for the public health, safety and general welfare of the City. (2) To guide the future growth and development of the City in accordance with its Comprehensive Plan. (3) To provide for adequate light, air and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population. (4) To encourage the orderly and beneficial develop- ment of all parts of the City. (5) To protect and conserve the value of land, buildings and improvements throughout the City. (6) To guide public and private policy and action in order to provide adequate and efficient transporta- tion, water, sewerage, schools, parks, playgrounds, recreation and other public requirements and facili- ties. (7) To establish reasonable standards of design and procedures for subdivisions ~nd replats, in order to further the orderly layout and use of land, and to insure proper legal descriptions and monumenting of subdivided land. (8) To preserve the local natural features and resources in order to protect the integrity, stability and beauty of the community and the value of the land. Section 23A-2 DEFINITIONS (A) INCLUSIONS As used in these regulations, words in the singular in- clude the plural and those in the plural include the singular. The word "person" includes a corporation, un- incorporated association and a partnership, as well as an individual. The word "building" includes a structure and Shall be construed as if followed by the phrase "or part thereof." The word "street" includes street, high- way, thoroughfare, parkway, throughway, road, alley, avenue, boulevard, lane, place or however otherwise designated. The word "watercourSe" includes channel, creek, ditch, drain, canal, dry run, spring and stream. The word "may" is permissive, the words "shall" and "will" are mandatory. (B) DEFINITION OF TERMS (1) Alley means a right-of-way providing a secondary means of access and service to abutting property and not intended for general traffic circulation. (2) Block is a tract of land bounded by streets, or by a combination of streets and public parks, ceme- teries, railroad rights-of-way, shorelines of water- ways, or boundary lines of municipalities. (3) Board means the Planning and Zoning Board of the City of Delray Beach. (4) Bond is a form of security including a cash deposit, surety bond or instrument of credit in an amount satis- factory to the City~Engineerand form approved by the City Attorney. (5) City Council means the City Council of the City of Delray Beach. (6) Easement is a right-of-way granted for limited use of private property for a public or quasi-public purpose. (7) Engineer means a person registered to practice engi- neering by the Florida State Board of Engineer and Land Surveyors Examiners. (8) Land Surveyor means a land surveyor registered under Chapter 472, Florida Statutes, who is in good stand- ing with the Florida State Board of Engineers and Land Surveyors. (9) Lot is a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, wh~ther immediate or future, of transfer of ~wnership or for building development. - 2 - Ord. No. 38-77. (10) Plat means a map or delineated representation of the subdivision of lands being a complete exact representation of the subdivision and other information in compliance with the requirements of all applicable sections of these regulations and other ordinances. (11) Re~lat of a subdivision is a change in a map of an approved or recorded subdivision plat if such change affects any street, block or lot layout. (12) Ri~t-of-Way means land dedicated, or deeded, used or intended to be used, for a street, alley, walk- way, boulevard, drainage way or access for ingress and certain other purposes by the public or certain designated individuals or governing bodies. (13) Street (a) Access Roadway is a private roadway intended for access from private residences or private parking to a public or private street. Access roadway shall not exceed 600 feet in length or projected traffic count of 1,000 trips per day. (b) Arterial Street is a street which conveys traffic from collector streets to expressways and other collector streets. (c) Collector Street is a street which carries traffic from local streets to arterial streets and includes the principal entrance streets from a subdivision or development where projected traffic count on said collector exceeds 2,000 trips per day. (d) Cul-de-Sac is a street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. (e) Marginal Access Street is a street which is parallel and adjacent to another street, the principal purpose or marginal access streets being the reduction or elimination of the number of traffic conflicts caused by direct access points to abutting property from the other street, and the improvement of.capacity, safety and reduction of accidents thereby. (f) Private Street is any street which has not been dedicated for public use and not accepted for ownership or maintenance by the City of Delray Beach. Setbacks for private streets shall be measured from the access easement line. (g) Public Street is any street which is dedicated to the public use and accepted for ownership and maintenance by the City of Delray Beach. Setbacks for public streets shall be measured from the right-of-way line. (h) Residential Street is a street conveying traffic from private residence to collector streets. (14) Sketch Plan means a sketch prepared previous to preparation of the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the Planning and Zoning Board as to the form of the plat and the objectives'of these regulations. - 3 - Ord. No. 38-77. (15) Subdivision means any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units or plots for the purpose of offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land, as well as the division of units, whether by deed, metes'and bounds description devise, intestacy, lease, map, plat or other recorded instrument. (a) Minor Subdivision means any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities or the creation of any public improvements. (b) Major Subdivision means all subdivisions not classified as minor subdivisions. (16) Zoning Ordinance means the zoning ordinance of the City of Delr~y Beach, Florida and amendments thereto. Section 23A-3 APPLICATION PROCEDURE (A) GENERAL PROCEDURE Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the following procedure, which includes basically two (2) steps for a'minor subdivision and three (3) steps for a major subdivision: (1) Minor Subdivision Pre-submission Conference (Sketch Plan) Final Subdivision Plat (2) Major Subdivision Pre-submission ConferenCe (Sketch Plan) Preliminary Plat Final Subdivision Plat (B) PRE-SUBMISSION CONFERENCE Prior to the preparation of the final plat in the case of a minor subdivision and prior to the preparation of the preliminary plat in the case of a major subdivision, the subdivider will have a pre-submission conference with the Planning and Zoning Board to review the sketch plan and to discuss different aspects of the Subdivision Regulations. (1) If a minor subdivision as defined in these regulations, the sketch plan shall consist of the deed description and a land surveyor's map of the area being subdivided. Once the sketch plan has been reviewed at the pre- submission conference the sub-divider may proceed to prepare the final Plat in accordance with the requirements hereinafter contained. - 4 - Ord. No. 38-77. (2) If a major subdivision as defined in these regulations, the sketch plan shall include the following information. (a) A scaled map with subdivision name, North point, graphic scale and date, showing, a survey of the property to be subdivided. Map should be at least as large as 200' to the inch. (b) The name of the owner and all adjoining property owners as indicated by current tax records. (c) The boundaries of the area which is to be sub- divided and the distance to the nearest exist- ing street intersection. (d) All roads platted or built, utilities available and watercourses in and within 500 feet of the proposed subdivision. (e) All existing structures, wooded areas and other significant land features. (f) Low, swampy areas and areas subject to fldoding within the proposed subdivision. (g) All existing restrictions on the use of the land including deed restrictions, easements and zoning lines. (h) Proposed pattern of streets, blocks, and lots. (i) Number of lots proposed, typical lot width and depth, building type contemplated, general indication of utilities to be provided, and any proposed zoning changes, easements or deed restrictions. (j) Areas to be used for parks, playgrounds or other common use. Following the pre-submission conference the subdivider will submit to the Planning Department three copies of the sketch plan for review of streets, drainage and utilities considerations. The Planning Department will coordinate the review process with other City department: as applicable, and check the proposed street names. After the aforementioned reviews the subdivider may proceed to prepare a Preliminary Plat in accordance with the requirements hereinafter contained. (C) PRELIMINARY PLAT (1) General Procedure (a) Seven (7) copies of the Preliminary Plat shall be filed with the Planning Department, which will distribute copies to the City Engineer, Public Utilities Department and other City departments ~hen~applicable, at least twenty (20) days prior, to the Planning and Zoning Boar~-meeting at which it is to be considered. Plat and supporting data shall comply with the provisions .of Section 23A-3(C) (2) of these regulations. - 5 - Ord. No. 38-77. (b) The City Engineer, the Public Utilities Department and other departments when applicable, shall review the Preliminary Plat for general engineering and for conformance with pertinent provisions of these regulations. The Planning Department shall review the Preliminary Plat for all land planning related considerations including open space, recreation and educational requirements, as well as street numbering and naming. The reviews shall be completed and a print with approval and comments from each review sent to the Planning and Zoning Board, within ten (10) days of receipt of the Preliminary Plat. (c) Within ten (10) days of receipt of the above- mentioned reviews the Planning and Zoning Board will meet to consider the Preliminary Plat. The subdivider or his representative should attend this meeting. As a result of this meeting the Planning and Zoning Board will recommend approval or rejection of the Preliminary Plat, with pertinent comments, if any, to the City Council. Failure of the Board to recommend approval or rejection of the Preliminary Plat within thirty (30 days after the above-mentioned meeting shall be deemed a recommendation for approval as determined by the staff reviews. (d) If the City Council approves the Preliminary Plat, without changes, it shall be signed in the spaces provided thereon by: The subdivider The Mayor (attested by City Clerk) Chairman of the Planning and Zoning Board City Engineer Director of Planning Department Public Utilities Department Parks and Recreation Department(when.~applicable Fire Department (when applicable) If the City Council approved the Plat with changes acceptable to the subdivider, the Plat shall be altered by the developer to conform with the said changes before being signed by the aforementioned parties. In either case the subdivider shall furnish one print of the signed Preliminary Plat to each of the signing parties. (2) Preliminary Plat Requirements The Preliminary Plat shall be drawn to the scale of not more than 100 feet to the inch provided, however, that a scale-of 200 feet to the inch may be used for large areas. Size of sheets shall be 24" x 36", plainly titled "Preliminary Plat" and shall show the following: (a) Date, northpoint and scale. (b) Name of proposed subdivision. Name shall not duplicate or closely approximate the name of any other subdivision in the County. (c) Location sketch related to City limits. (d) Name of subdivider and address. (e) Name, address and Seal of registered engineer and 6 Ord. No. 38-77. surveyor responsible for the plat. (f) Location and name of adjacent subdivisions. (g) Boundary line of the tract to be subdivided drawn accurately to scale and with accurate linear and angular dimensions. (h) All existing water courses, drainage ditches, canals and bodies of water on or adjacent to proposed subdivision. (i) All existing buildings on the proposed subdivision and all existing sewers, water mains, culverts, fire hydrants, underground or above ground utilities on or adjacent to the proposed subdivision. (j) All existing streets and alleys on or adjacent to the tract including name, classification,~right-of-way width and pavement width. Existing streets shall be dimensioned to tract boundaries. (k) All existing property lines, easements and rights- of-way and the purpose for which the easements or rights-of-way have been established. (1) Location, width of all proposed streets, alleys, rights-of-way and easements, purpose of easements, proposed lot.lines for each street. Indicate vacation of existing right-of-way within the subdivision if vacation is necessary for recording of new plat. (m) Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses. (n) Sites, if any, for multiple family dwellings, shop- ping centers, churches, industry or other non-public uses exclusive of. single-family residential uses. (o) Locations and size of proposed water, sewer, drain- age facilities, fire hydrants and other utilities on the land to be subdivided and on land within one hundred (100) feet thereof. This information to be prepared by a registered engineer and surveyor. (p) Site data, in tabular form, including total area, number of residential lots, typical lot sizes, areas in parks and other uses. (q) Complete solution to drainage problems including positive and final outfall prepared by a registered engineer. Accompanying the Preliminary Plat there shall be a letter of approval from the agency controlling the body of water receiving the effluent from the subdivision storm drainage outfalls. (r) Planting plan for public right-of-way showing types, sizes and spacing of trees. (s) Space and forms for the following signatures indicating approval: Subdivider, Mayor (attested by City Clerk), Chairman of the Planning and Zoning Board, City Engineer, Director of Planning Department Public Utilities Department, Parks and Recreation Department (when applicable), Fire Department (when applicable). - 7 - Ord. NO. 38-77 (t) Existing and proposed contour lines with one foot intervals. (u) Where the proposed plat covers only a portion of the subdivider's entire holding, sketch shall be sub- mitted showing the contemplated street layout and proposed use for the balance of the property. (D) FINAL PLAT (1) General Procedure (a) Receipt of the signed copy of the approved Preliminary Plat constitutes authorization for the subdivider to proceed with the preparation of plans and specifications for the Final Plat. Prior to the construction of any improvements required or to the Submission of a bond in lieu thereof, the subdivider shall furnish the City Engineer all plans, information and data necessary to determine the character and adequateness of site improvements. These plans shall be examined by the City Engineer and Staff and will be approved if in accordance with all regulation requirements. (b) The subdivider shall, within six (6) months after approval of the Preliminary Plat, file five (5) copies of the Final Plat in final form with the Planning Department or the approval of the Preliminary Plat will lapse. Copies shall be transmitted to the City Engineer, to the Public Utilities Department and other departments when applicable for their examination and comments. (c) The Final Plat shall conform in all important respects with the Preliminary Plat as previously approved and shall incorporate all modifications and revisions specified in the approval of the Preliminary Plat. The subdivider may submit a Final Plat which constitutes ~nly a portion of the approved Preliminary Plat and which he proposes to record and develop at the time, as long as such portion conforms to all the requirements of these regulations. Requirements include conformance of partial plat and balance of property with contem- plated street lay-out and proposed uses for the entire land holding as shown and approved in the Preliminary Plat. See Section 23A-3(C) (2) (u). (d) Within ten (10) days of the receipt of the application for final approval the City Engineer, Public Utilities Department, Planning Department and other departments when applicable shall notify the Planning and Zoning Board in writing of their findings and recommendations. The Planning and Zoning Board will review the Final Plat and staff findings, and submit its compliance certification, together with those of the City staff to Council at least twenty (20) days prior to the Council meeting at which the Final Plat is to be considered. (e) After receiving the required Final Plat certifica- tions from the Planning and Zoning Board and City staff, the City Council may give approval to the Final Plat with the provision that such approval is contingent on receipt by the City of a surety deposit covering the cost of all improvements required by the Subdivision Regulations, or certifi- cation by the City Manager that all required improve. - 8 - Ord. No. 38-77. ments have been properly installed. (f) In lieu of the immediate installation of the required improvements the subdivider shall either: (1) File with the City Clerk a surety bond, or other equivalent security instrument, con- ditioned to secure the construction of the required improvements in a satisfactory manner and within a time period not to exceed one (1) year. Said bond shall be executed by a surety company authorized to do business in the State of Florida and having a resident agent in Palm Beach County. No such bond shall be accepted unless it is enforceable by/or payable to the City in a sum at least equal to the cost of constructing the improvements as estimated by the City Engineer and in form with surety and conditions approved by the City Attorney, or; (2) Deposit with the City or place in escrow cash, cashier's check or a certified check in an amount equal to the cost of constructing the improvements as estimated by the City Engineer. The City Manager may release portions of this security deposit as the work progresses to his satisfaction. (g) The certifica~i~ns~of_the_Planning~and Zoning Board,· City staff and the final approval of the City Council shall be each stamped or imprinted on the Final Plat. One (1) copy shall be returned to the subdivider, one (1) copy to the Planning and Zoning Board, one (1) copy to the City Engineer, and (1) one copy to the Planning Department and one (1) copy to be retained in the files of the City Council. (h) Within sixty (60) days following receipt and accept- ance by the City of the surety deposit or notifica- tion by the City Manager that all required improve- ments have been properly installed, the subdivider shall file a true copy of the plat as approved, with the Clerk of the Circus% Court of Palm Beach County, Florida. {i) When the plat has been recorded, four (4) copies thereof shall be filed with the City Clerk of Delray: Beach, who shall distribute one each to the Planning and Zoning Board, City Engineer~., Planning Department and City Council. (j) No building permit shall be issued ~ntil the Final Plat has been recorded with the Clerk of the Circuit Court of Palm Beach County. No temporary or final Certificate of Occupancy shall be issued until all required improvements have been installed. (k) The subdivider's engineer and/or surveyor shall provide all layout and field inspection work. He shall also certify all improvements as having been completed in accordance to approved plans and specifications and to provide "as-built" plans. (2) Final Plat Requirements The Final Plat shall be clearly and legibly drawn in ink on tracing paper~ or milar, to a scale of not more than one hundred (100) feet to one (1) inch. Individual sheets, - 9 - Ord. No. 38-77. their size, marginal lines and other drafting con- siderations shall comply with the Palm Beach County requirements for the recording of plats. Where the final plat of a proposed subdivision requires more than one sheet, each sheet shall be keyed to a master map with appropriate marks of identification. The final plat shall include the following information. (a) Location sketch showing location of subdivision with respect to section or government lot lines. (b) Boundary lines drawn in compliance with Chapter 177 Maps and Plats, State of Florida Statute as amended. (c) The exact names, locations and widths along the property lines of all existing or recorded streets intersecting or paralleling the boundaries of the tract. (d) The accurate location and material of all permanent reference monuments. (e) The exact layout including street and alley lines, street names, bearings angles of intersection and widths (including widths along the lines of any obliquely intersecting street), lengths~ of arcs and radii, points of curvature and tangent bear- ings; all easements or rights-of-way where provided; all lot lines with dimensions in ~feet and hundredths and with bearings or angles of other than right angles to the street or alley lines. (f) Lots numbered in numerical order beginning with number one in each block, and blocks numbered in numerical order or lettered in alphabetical order. (g) The accurate outline of all property which is to be dedicated or reserved for public use including open drainage courses and suitable easements, and all property that may be reserved by covenants in deeds for the common use of the property owners in the subdivision, with the purposes indicated thereon. (h) Names and locations of adjoining subdivisions, if any, the adjacent portions of which shall be shown in outline form. (i) Acknowledgement of the owner or owners and all lien holders to the plat and restrictions, including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of the required easements. (j) Private restrictions and/or trusteeships and their period of existence. Should these restrictions be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instru- ment shall be made on the plat. - 10 - Ord. No. 38-77 (k) The certificate of the registered land surveyor attesting to the accuracy of the survey and that the permanent reference monuments to such instrument shall be made on the plat. (1) Space and forms for the following necessary signatures indicating approval: (1) Planning and Zoning Board (2) Mayor (Attested by City Clerk) (3) City Engineer (4) County Commission (5) County Engineer (m) Subdivision name or identifying title. (n) North point, scale and date. (o) Name of record owner and subdivider. (3) Replattin~ Any change in an approved or recorded subdivision plat, if such change affects any street layout shown on such map, or area reserved or dedicated thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations con- trolling subdivisions, will constitute a replat and shall comply with the same procedure, rules and regulations as for.a subdivision. (4) Vacation of Plats (a) Any plat or any part of_any plat m~y be~Vacated by the owner of the premises at any time before the sale of any lot therein provided that vacating is approved by the City Council after receiving pertinent certifi- cations from the Planning and Zoning Board, City Ehgineer and Planning Director with respect to adequateness of the proposed action and its implica- tions on public rights in any of its public uses, _ improvements, streets and alleys. (b) The written instrument by which the vacation is to be accomplished shall have a copy of the plat or part thereof to be vacated attached declaring the same to be vacated. The form of the written instrument shall be subject to the approval of City Council. (c) Such an instrument shall be submitted, approved and recorded in like manner as ~lats of subdivisions; and being duly recorded shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, and Dublic grounds, and all dedications laid out or described in such plat. (d) When lots have been sold, the plat may be vacated in the mahner her~in described provided that all the owners of lots in such plat join in the execution of such writing. Section ~3A-4 DESIGN STANDARDS (A) GENERAL CONFORMANCE STANDARDS (1) Whenever a tract of land to be subdivided embraces any part of a designated plan element such part of the plan shall be included in the proposed subdivi- -11- Ord. No. 38-77. sion. Said plan elements may include public thor- oughfares, parks, institutional sites, drainage courses or other such elements. (2) All proposed subdivisions shall be designed to con- form with the minimum City zoning and building re- gulations for the area in which the proposed.sub- division will be located. (3) Land which is found to be unsuited for subdivision due to pogr soil qualities, flooding, poor drainage, or other features likely to be harmful to the health, safety and general welfare of future residents shall not be subdivided, unless adequate methods of cor- rection are formulated by the subdivider and approved by the City Engineer. (S) STREETS (1) The arrangement, character, extent, width, grade and location, of all streets shall conform to tke streets and highway plans of the state, county and city res- pectively, and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, in their appropriate relation to the proposed uses of the land to be served by such streets and the most advan- tageous development of the surrounding neighborhood. (2) The location of all arterial streets in the proposed subdivision shall conform in general alignment to th~ Comprehensive Plan of Delray Beach. (3) The proposed street layout shall provide for the con- tinuation or projection of existing streets in the surrounding areas unless the Planning and Zoning Board deems such extension undesirable for specific reasons of topography or design. Any new street that is an extension of an existing street shall have the same width of right-of-way and be paved to the same width as the existing street provided that it must meet the minimum construction standards of these regulations. (4) Proposed streets shall be extended to provide access to adjoining property where necessary. (5) Residential streets and access roadways shall be laid out to discourage through traffic, but provision for street connections into and from adjacent areas will generally be required. (6) Where a subdivision abuts or contains an existing or proposed arterial street, the Planning and Zoning Board may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. (7) Where a subdivision borders on or contains a railroad right-of-way, expressway, drainage canal or water way, the Planning and Zoning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land. Such distance shall also be determined with due regard for the requirements of approach grades for future bridges or grade separations. -12- Ord. No. 38-77. (8) Reserve strips controlling.access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Planning and Zoning Board. (9) Every subdivided lot or property shall be served from a publicly dedicated street or a private street designed and built in accordance with these regulations. (10) Unless contiguous to an existing subdivision with a half street, half streets shall not be permitted. (11) Dead end streets are prohibited except those designed to be so permanently. Permanent dead end streets shall not exceed one thousand (1,000) feet in length, and shall be provided at the closed end (cul-de-sac) with a turn-around having an outside roadway diameter of at least eighty (80) feet, and a street property line diameter of at least one hundred (100) feet. The Planning and Zoning Board may recommend to City Council, that permanent dead end streets be longer than one thousand (1,000) feet, when they would help to: (1) preserve natural features and resources; (2) eliminate unnecessary traffic in the general area; and (3) preserve and/or increase open space. The final decision to allow longer dead end streets shall be made by the City Council. (12) Street jogs with center line off-sets less than one hundred twenty-five feet shall be avoided. (13) Curvelinear streets are recommended for residential, minor and collector streets in order to discourage excessive vehicular speeds and to provide attractive vistas. (a) Whenever a street changes direction, or connection street lines deflect from each other, by more than ten degrees, there shall be a horizontal curve. (b) To ensure adequate sight distance, minimum center line radii for horizontal curves shall be as follows: Minor streets ..... 150 feet Collector streets .300 feet Secondary arterial streets and section line roads ...... 500 feet Major arterial streets .......... 750 feet (c) A tangent at least one hundred feet long shall be provided between reverse curves on collector streets, and at least two hundred and fifty feet long on major and arterial streets and section line roads. (14) Streets Intersections: (a) Streets shall be laid out to intersect as nearly as possible at right angles. No street shall in- tersect another at an angle of less than sixty degrees, except at a "Y" intersection of two minor streets. (b) Multiple intersections involving junction of more than two streets shall be prohibited except where found to be unavoidable by the Planning and Zoning Board. (c) "T" intersections of minor and collector streets are to be encouraged. - 13 - Ord. No. 38-77 (d) As far as possible, intersections on arterial streets shall be located not less than eight hun- dred feet apart, measured from center line to center line. (e) Property line radii at street intersections shall be twenty-five feet from minor streets and where the angle of intersection is less than sixty de- grees a greater radii may be required by the Planning and Zoning Board. On all new and rebuilt streets, whether public or private, intersections of the edge of paving shall be on a minimum radii of 40 feet excepting in cases where the width of existing right-of-way will not permit. (15) Cul-de-sac Street: (a) Cul-de-sac streets, penmanently designed as such, shall not exceed one thousand (1,000) feet in length, (except as provided in Section 23A-4(B) (11) above). (b) Cul-de-sac streets shall be provided at the closed end with a paved turnaround having a minimum dia- meter to the outer pavement edge or curb line of eighty (80) feet and a property line diameter of at least one hundred (100) feet. (c) Unless future extension is clearly impractical or undesirable, a turnaround ~ight-of-way 6f the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining street. (d) Each lot fronting on a cul-de-sac shall have at least twenty-five (25) feet frontage. (16) Minimum right-of-way width for streets shall be as follows: Street Type Ri~ht-of-Wa~ (feet) Arterial Street 120 Collector Street 80 Residential Street 50 Marginal Access Street 40 Access Roadway 24 Alleys 20 Additional right-of-way width may be required by the City Traffic Engineer to promote public safety and welfare, and to assure adequate access, circulation, and parking in high density residential areas, commercial areas and industrial areas. To determine the necessity for additional right-of-way, the City Engineer may require the applicant to furnish a traffic impact analysis and, passing upon said analysis, the City Traffic Engineer shall determine the extent to which any additional right-of-way will be needed. Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way in conformance with the above standards may be required. (17) A proposed new street which is in alignment with or a continuation of an existing street shall have %he same name as the existing street. In no case shall new streets have names or numbers which duplicate or which are phonetically similar to existing street names, -14- Ord. No. 38-77. regardless of the prefix or suffix used as "Avenue", "Boulevard", or "Court", "Cresent", "Drive", "Place", "Street", or "Terrace". All street names shall be suSject to approval of the Planning and Zoning Board. (C) -S IDEWALK$ (1) Sidewalks are required on both sides of all streets within a subdivision. A strip of grass, or land- scaped area at least two (2) feet in width shall separate all sidewalks from adjacent pavement. Width of sidewalks will be as follows: Single-family areas: five (5) feet Multi-family areas: six (6) feet Non-residential areas: Industrial: six (6) feet Commercial: ten (10) feet The Planning and Zoning Board may recommend to City Council waiving the sidewalk requirements on one or both sides of streets when the proposed develop- ment is Of a unique design or type that sidewalks would not be necessary for safe pedestrian travel. The final decision as to whether sidewalks are to be waived or not shall be made by the City Council. The City Council may waive the sidewalk requirement even if no recommendation to do so is made by the Planning and Zoning Board. (2) Bicycle and riding pathways and trails, if contem- plated within the subdivision shall be separated and buffered from vehicular traffic. Crossing points between streets and bike or riding pathways shall be minimized and designed as to ensure proper control and safety. Bike pathways shall have a minimum width of six (6) feet. Riding trails shall have a minimum width of fifteen (15) feet. (D) ALLEYS AND EASEMENTS (1) Alleys (a) Alleys shall be provided to serve multiple dwelling, business, commercial and industrial areas, except that the Planning and Zoning Board may waive this requirement where other definite and assured provision is made for service access, off-street loading, unloading and parking con- sistent with and adequate for the uses permiss- ible on the property. (b) The width of an alley shall be twenty feet or more. (c) ehanges in alignment of allDys shall be made on a center line radius of not less than fifty feet. (d) Dead end alleys shall be avoided w~ere possible, but if unavoidable, shall be provided with adequate turnaround facilities for service trucks at dead end, with a minimum external diameter of one hundred feet, or as determined to be adequate by the Planning and Zoning Board. -15- Ord. No. 38-77. (2) Easements (a) Easements across lots or centered or rear or side lot lines shall be provided for public utilities where necessary and shall be at least twelve feet in width. (b) Where a subdivision is traversed by a water course, drainage way, canal or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water courses, and such further width or construction, or both, as will be adequate for the.purpose. Parallel streets or parkways may be required in connection therewith where necessary for service or maintenance. (c) Easements may be required for drainage purposes of such size and location as may be determined by the City Engineer. (E) DRAINAGE (1) Lots shall be laid out and graded to provide positive drainage away from all existing or proposed buildings (2) The drainage system shall be designed using accepted engineering principles for rainstorms of maximum in- tensity based on a ten year interval for the South Florida area. The system shall provide for drainage of lots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that naturally flows into the subject area. Run-off co- efficients shall be based on completed projects. The following standards-shall apply to all drainage projects. (3) Storm sewers, culverts and related installations shall be provided, where necessary, according to the City Engineer: (a) To permit unimpeded flow of natural watercourses. (b) To insure adequate drainage of all low points along the line of streets. (c) To intercept storm water run-off along streets at intervals reasonably related to the extent and grade of the area drained. (4) In the design of storm sewerage installations, special consideration shall be given to avoidance of problems which may arise from concentration of storm water run-off over adjacent properties. (5) The subdivider may be required to carzy away by pipe or open ditch any spring or surface water that may exist either previous to, or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width. -16- Ord. No. 38-77. (6) A culvert or other drainage facility shall, in each case, be large enough to accommodate potential run- off from its entire upstream drainage area, whether inside or outside the subdivision. The City Engineer shall approve the design and size of facility based on anticipated run-off from a ten-year storm under conditions of'total potential development permitted by the Zoning Ordinance ih the watershed. (7) The subdivider'.s engineer shall also study the effect of such subdivision on the existing downstream drain- age facilities outside the area of the subdivision; this study shall be reviewed by the City Engineer~ Where it is anticipated that the additional run-off incident to the development of the subdivision will overload an existing downstream drainage facility during a ten-year storm, the subdivision shall not be approved until provision has been made for the improvement of said condition. (F) ~ATER AND SEWER The subdivider shall co~ply with all pertinent regula- tions, controls and standards as stipulated by the City, Palm Beach County and the State of Florida. Such com- pliance shall ensure subdivision users with an adequate water supply, sanitary sewerage system and fire protec- tion. (G) BLOCK AND LOT STANDARDS (1) Block (a) Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads or waterways. (b) The lengths, widths and shapes of blocks shall be determined with due regard to: (1) Provision of adequate building sites, suitable to the needs of the types of uses contemplated. (2) Zoning requirements as to lot sizes and dimensions. (3) Needs for the convenient and safe access, circulation, and control of pedestrian and vehicular traffic. (4) Limitations and opportunities of topographic features. (c) Block lengths shall not exceed one thousand eight hundred feet nor be less than five hundred feet, unless found unavoidable by the Planning and Zoning Board. (d) Pedestrian through walks may be required by the Planning and Zoning Board where necessary to assist circulation or provide access to community facilities. Such crosswalks shall have a width of not less than ten (10) feet and a paved walk of not less than five (5) feet. -17- Ord. No. 38-77. (2) Lot (a) The lot arrangement shall be such that there will be no foreseeable difficulties for reasons of grad- ing, topography or other conditions, in securing building permits to build on all lots in compliance ~with the Zoning Ordinance and other controls and regulations. (b) Each lot shall abut and have access to a street which shall conform to the design requirements of these regulations. In cases other than conventional subdivisions, such as lay-outs of duplexes, tri- plexes, fourplexes and townhouses, with individual lots for each dwelling unit, lots shall not be re- quired to abut a street. All such lots shall have convenient, indirect access to a street through lay-out devices such as parking areas, or direct access when abutting a street. (c) Consideration shall be given to lot orientation with respect to the separation of incompatible land uses. Residential lots which face commercial or industrial areas shall be avoided. (d) Lot width, area, building site area and yard restrictions shall be governed by the requirements of the Zoning Ordinance of Delray Beach and amend- ments thereto. (e) Corner lots for residential use shall have extra width to permit appropriate building setbacks from and orientation to both streets. (f) Side lot lines shall be at right angles to straight street center lines, and radial to curved street center lines, where possible. Rear lot lines shall consist of straight lines, where possible. (g) DOuble frontage and reverse frontage lots, shall be avoided except where desirable to provide separation of residential developments from major streets or to overcome specific disadvantages of orientation. A planting screen easement of at least ten (10) feet and across which there shall be no right of access, shall be provided along the line of lots abutting such a major street or other disadvanta- geous situation. (H) PUBLIC SITES (1) Parks and Recreation (a) Land shall be dedicated for park and recreation purposes, as a percentage of the total single family subdivision area: Lot size 12,500 sq. ft. or less 8% Lot size 12,501 sq. ft. to 5% 25,000 sq. ft. Lot size over 25,000 sq. ft. 3% - 18 - Ord. No. 38-77. (b) In the event the subdivision is too small or for some other valid reason it is not feasible or advisable to dedicate land for recreational purposes, as determined by the Planning and Zoning Board, the subdivider may be required to pay to the City a sum of money equal to the value of the vacant land area resulting from the above-mentioned standards. (c) Land dedicated for park and recreation purposes shall be well drained, have good access and have adequate area and dimensions for the indicated purpose. (2) School Sites (a) When a subdivision covers an area within which the School Board of Palm Beach County requires a school site, provision should be made in the subdivision plat for such a site. Such land is to be reserved for the indicated purpose and the subdivision plans shall take into con- sideration the access and locational require- ments of such a community facility which usually will extend beyond the subdivision boundaries. (b) Site size and dimensions shall comply with County School Board requirements. (c) When a school site has been designated in a plat the site shall be reserved for a period of two years from the date of recording. If the County School Board fails to purchase the site within the two year period, the subdivider may replat the reserved school site. (I) NONRESIDENTIAL SUBDIVISIONS (1) If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout and plans of the subdivision, with respect to such land, shall make such provisions as the Planning and Zoning Board may require, including zoning and comprehensive plan requirements. (2) The following principles and standards shall be observed: (a) Proposed parcels shall be suitable in area and dimensions to the types of industrial and/or commercial development anticipated. (b) Street ri~hts-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon. (c) Special requirements may be imposed by the Plan- ning and Zoning Board and City Engineer with respect to street, curb, gutter and sidewalk design and construction. (d) Special requirements may be imposed by appropriat. public agencies with respect to the install&tion of public utilities. -19- Ord. No. 38-77. (e) Ever~ effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently land- scaped buffer strip when necessary. (f) Streets carrying nonresidential traffic, especially'truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas. SECTION 23A-5 REQUIRED IMPROVEMENTS (A) SCOPE The following tangible improvements, in accordance with the plans and specifications submitted to and approved by the City Engineer, are required before Final Plat approval in order to assure the physical reality of a subdivision which approval and recordation will establish legally. Construction shall be subject to the supervision of the City Engineer. The subdivider shall comply with the standard procedures of building permit, inspection and final approval for each of the required improvements. (B) M~NUMENTS ~NnMARKERS (1) At intersection of center line of all streets install a one inch~pipe, three feet ~ong embedded in concrete with the top flush with the finished pavement. (2) All other lot corners shall be marked with an iron pipe not less than one-half inch in diameter and twenty-four inches long and set so as to be flush with the finished grade. (3) Permanent reference monuments shall be as required by Florida Plat Law. (C) DRAINAGE (1) The drainage system shall be designed and con- structed for long life, low maintenance cost and ease of maintenance. (2) An adequate drainage system including necessary open. diVe,es, pipes, culverts, interse~tional drains, inlets, bridges, etc., shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full width roadway and required slopes. (3) Developers of subdivisions whose storm drainage system discharges into the Lake Worth Drainage District shall contract with the Lake Worth Drainage District for maintenance of drainage facilities prior to annexation to the City. -20- Ord. No. 38-77. ID ) STREETS To conform with the requirements of this Chapter and Article II, Chapter 25 of the Code of Ordinances of the City. (E) SIDEWALKS (1) Concrete sidewalks shall have a minimum depth of four (4) inches and a 6" X 6" by %10 X %10 wire mesh shall be placed in the sidewalk and shall be constructed of Class I concrete with a minimum strength of 3,000 p.s.i, as directed by the City Engineer. (2) Bicycle pathways may have asphalt or concrete as their finished surface. Riding trails are to be finished with appropriate soft, loose materials. (F) WATER Water mains, with a minimum diameter of six (6) inches, properly connected with the City water supply system shall be provided as to adequately serve all lots and sites shown on the subdivision plat, for both domestic use and fire protection. Pertinent specifications from the City and other regulatory agencies must be followed. To eliminate future street openings, all underground utilities shall be installed before any final paving of a street shown in the subdivision plat. (G) SANITARY SEWERS All plans shall be designed and all facilities built in the manner prescribed by pertinent regulatory agencies including City, County and State levels. Sanitary sewer mains shall be no less than 8" in diameter, properly connected with the City sewerage system, shall be pro- vided. In addition to the mains, laterals shall be installed to each platted lot and stubbed off at the property line for future connection. Where sanitary sewerage systems are not reasonably accessible, individual septic tanks may be used following County Health Departmen requirements. It such cases, sewer lines shall be laid and capped until connection to a public system becomes feasible and mandatory. (H) STREET FURNITURE AND LANDSC~PIN~ Street name signs shall be installed at the intersection of all streets carrying the street names approved on the subdivision plat, unless a different name is approved by Council. Location and design of signs shall be subject to the approval of the city Engineer and the Planning and Zoning Board. Same procedure will apply with all other street furniture such as benches, shelters and waste baskets. Grassing and mulching shall be done in the strip between curbs and sidewalks. Planting of shade trees and street lighting are required, in conformance with pertinen' plans approved by the city Engineer and the Planning and Zoning Board. -21- Ord. No. 38-77 (I) PRIVATE UTILITIES Utilities facilities serving the neighborhood including but not limited to gas, electric power, telephone and CATV cables, shall be located underground throughout the subdivision. (J) INSTAT.T~%TION PROCEDURES The conditional approval granted by the City Council cannot become effective until provision has been made for the proper installation of all required improvements in the following ways: (1) Acceptance by City of a surety bond or similar guarantee, as outlined in Section 23A-3 (D) (1) (f) of these regulations, in an amount equal to the cost of all required improvements. (2) In lieu of posting the required guarantee, the sub- divider shall install all the required improvements in accordance with the provisions of these regulations (3) The City Council shall enter into an agreement with the subdivider whereby the subdivider agrees to de- fray all expenses incurred by the City because of defects in materials and/or workmanship used in the required subdivision improvements, within one year after acceptance of such improvements by the City. A bond, or similar quarantee acceptable to the City, and covering reasonable anticipated costs and expenses, to be determined by the City Engineer, shall be required. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 12th day of December , 1977. AT. ST: M ¥ 0 / / CITY CLERK First Reading November 28, 1977 Second Reading December 12. 1977 -22- Ord. No. 38-77