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02-76
ORDINANCE NO. 2-76 AN ORDINANCE OF ~-IE CITY COUNCIL OF 5}IE CI~f OF DELRAY BEACI{, FLORIDA, REPEALING ARTICLE II OF CI{APTER 23 "STREETS AND SIDEWALKS" OF THE CODE OF ORDINANCES OF TIIE CITY OF DELRAY BEACH; PRO~ V!DING MINIML74 RIGHT-OF-WAY AND MINIMUM PAVING WIDTHS FOR PUBLIC A~YD PRIVATE STREETS; REQUIRING ACCESS EASE~.~ENTS TO BE FURNISHED TO THE CITY OVER PRIVATE STREETS; ESTABLIS~fING CONSTRUCTION STANDARDS FOR PUBLIC AND PRIVATE STREETS, SiDE- WALKS, CURBS AND GUTTERS; REQUIRING BUILDIIqG PERi, ITS FOP. THE CONSTRUCTION OF OR MODIFICATION ~OF PUBLIC OR PRIVATE STREETS, HIG~5~AYS, AVENUES, LANES OR ALLEYS; PROVIDING FOR THE NAMING OF STREETS AND INSTALIJATION OF STREET SIGNS; PRO- HIBITING THE ISSUANCE OF BUILDING PERMITS FOR IMPROVEmeNTS ADJACENT TO AND TO BE SERVED BY PUBLIC OR PRIVATE STREETS UNTIL THE STREETS ARE COMPLE%~ED OR, IN LIEU THEREOF, A PERFOR2'<tANCE BOND OR OTHER EQUIVALENT SECURITY INSTRU~2ENT IS POSTED IN FAVOR OF THE CITY OF DELRAY BEACH TO GUARANTEE THE COMPLETION OF CONSTRUCTION;. PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, ~tEREFORE, BE IT ORDAIn?ED BY ~T~IE CITY COLrNC!L OF ~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS{ SECTION 1. That Article II, Construction and Repair of Streets, of Chapter 23 "Streets and Sidewalks" of the Code of Ordinances of the City of Delray Beach, Florida, be repealed, and that the following Article II, Construction and Repair of Streets, be enacted. ARTICLE II. CONSTRUCTION AKrD REPAIR OF STREETS Sec. 23--4. INTE~z[T. It is the intention of this ordinance that all public or private streets, highways, avenues, lanes, access roadways, or other like rights-of-way hereafter constructed or modified in the City of Delray Beach meet the right-of-way require- ments,.:paving widths, cons~ruction standards and other specifications set forth in this ordinance except as to an extension of an'existing sqreet, thoroughfare, alley, avenue, lan~ or other like right-6f-way which shall be governed by Section 23-8. ·'- Sec. 23-5. DEFINITIONS. The following words have the following meanings. ia) Access Roadway - 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 projecte, d traffic count of 1,000 trips per day. (b) Arterial Street - a street which conveys traffic from collector streets to expressway~ and other collector streets. (c) Collector Street - a street which conveys traffic from local streets to arterial streets includinS entrance streets from a subdivision or development where projected traffic count on said collector street ex..ceeds 2,000 trips per. day. (d) Marginal Access Street - a street which is parallel and adjacent to another street, the principal purpose of marginal access streets being the reduction or elimination o~ the number of traffic conflicts caused by direct ~ccess points to abutting property, from the other street, and the improvement of capacity, safety and reduction of accidents thereby. (e) Private Street - any street which has not been dedicated for public use and not accepted for ov~ership or maintenance by the City of Delray Beach. Setbacks for private streets shall be measured from the access easement line. (f) Public Street - 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. ' (g) Residential Street - a street conveying traffic from private residences to collector streets. (h). Street - is a way for vehicular traffic, whether designated. as a street, highway,, thoroughfare, parkway, throughway, road, alley, avenue, boulevard, land, place, or however - otherwise designated. Sec. 23-6. ACCEPTANCE OF NEW PUBLIC STREETS AND REQUIRING ACCESS EASEmeNTS FOR PRIVATE STREETS (a) Public Streets. The City Council of the City shall not hereafter accept any street right-of-way as a public Street whether by dedication in a plat or by deed or other instru- ment unless the same shall comply with the minimum .right-of- way requirements set forth in this Section. (b) Private Streets. As to all private streets to be constructed in the City of Delray Beaoh, Florida, before a permit is issued for such construction, the City must have received and the City Engineer accepted easements f'or police protection~ fire protection and the fUrnishing of other City services over, under and upon said private streets or thoroughfares. Tg]e applicant for a permit, in furnishing such access easements, shall provide an accurate legal description of the real property over which said easement is granted, which doscription shall be certified by a Florida registered surveyor as a true and correct legal de[~cription complying with the right-of-way requirements set forth below. . - 2 - Ord. No. 2-76 (1) Minimum right-of-way rcquirements set forth below shall apply to public and private streets. Street TyDe Riqht-of-way Feet Arterial Street Minimum 120 Collector Street Minimum 80 Residential Street Minimum 50 Marginal Access Street Minimum 40 Access Roadway Minimum 24 Alleys Minimum 16 (c) Additional right-of-way width may be required by the city Enginear to promote public safety and welfare, and to assure'adequate access, cirbulation, and parking in ?nigh density residential areas, commercial areas and industrial areas, To determine the necessity for additional right-of- way, %he City Engineer'may require the applicant to furnish a traffic impact analysis and, based upon said analysis, the citY Engineer shall determine the extent to which any additional right-of-way will be needed. (d) Prior to the City Council's~acceptance of a public street or the City Engineer's acceptance of access'easements to private streets the applicant shall furnish to the City Attorney's office adequate proof that the title to the street is free and clear of all encumbrances and of such quality that there is no reasonable possibility that this use of such street or easement will be impaired because of a title defect. The fact that the street or access easement has a momtgage '" or other lien encumbering it will not prevent acceptance, provided that the mortgage or lienholder subordinates its interest to that of the City. The form of the subordination to be approved by the City Attorney's office. (e) Access Ro~ways..~ ~t ~s not mandatory that access easements be required over, under, and upon access roadways. The City Engineer may however require such easements, when it appears that it will be necessary or convenient to furnish City services to adjacent properties by use of such access roadways. Sec. 23-7. MINIMUM PAVING WIDTH. (a) ~treet .Type .Pavinq Width Arterial Street ' 36 feet Collector Street 36 feet Residential Street 24 feet Marginal Access Street 24 feet Access Roadway 24 feet Alleys 16 feet (b) Additional paving width may be required' by the City 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 Ord. No. 2~76 the necessity for additional pavement, the City Engineer may require the applicant to furnish a traffic impact analysis and, based upon said analysis, the City Engineer shall determine the extent to which any additional paving will be needed. Sec. 23-8. EXTENDING STREETS. 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 set forth in this ordinance. Sec. 23-9. PLANNING BOARD - DUT%.~ TO RECOMMEND DESIGNATION OF NA~,~ES Alq[D NUMBERS FOR STREETS. It Shall be the duty of the Delray Beach Planning and Zoning Board to recommend the designation of names and numbers for streets and- it shall be the duty of the City Council of the City to finally determine the designation of names and numbers for streets and the Council shall not be bound by' the recom- mendation of the Planning and Zoning Board. · Sec. 23-10. PAVING INTERSECTIONS. On all new and rebuilt streets, whether public or privat.e, intersections of the edge of paving shall be on a minimum radius of 40 feet excepting ..in cases where the width of existing right-of-way will not permit. Sec. 23-11. CURBS AND..GUTTERS - SPECIFICATIONS AND REGULATIONS GOVERNING. Where the road section approved by City Council calls for curbs and gutters, they shall be constructed of Class I concrete with a minimum strength of 3,000. p.s.i, in accordance with Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bri. dge Construction, Edition of 1973. Sec. 23-12. PERMIT FOR CONSTRUCTION~, PAVING OF STREETS - REQUIRED. No person or persons shall cause any construction of or modi- fication of any public or private streets, or any part thereof to be graded, paved, repaved, surfaced.or resurfaced, or cause any sidewalks to be constructed thereon, or cause any curbs or gutters to be coqstructed thereon or thereunder, without first obtaining from the City Engineer a permit for such work. '. .. Sec. 23-13. FILING SPECIFICATI()NS AND PLANS FOR PROPOSED CON- STRUCTION AND IMPROVE~NTS. Before the City Engineer of the City shall issue a permit for such work, he shall first cause the person or persons seeking to mat(, such improvements to file in his office plans and specifications of such proposed improvcments which: he shall examine to determine that they meet tho standards set fort]] herein. - 4 - Ord. No. 2-76 Sec. 23-14. CONSTRUCTION STANDARDS. Before the City Engineer of the City shall approve street plans and specifications, he shall be satisfied that the following requirements and conditions are complied wi~h: (a) Standard Reference. ~ne Florida Department of Transportation Specifications for Road and Bridge Construction, Edition of 1973, and Supplemental Specifications of June, 1975, hereinafter referred to as the "DOT Specifications" are hereby made a park of this ©rdinance. ~%ere reference is made to the "Departmenf'in said DOT Specifications, it shall be con- strued to refer to the City of Delray Beach, Florida. Any and all work not specifically mentioned hereafter shall ~e performed in accordance with the applicable portions of the DOT Specifications. .(b) Clearing and Grubbing. Unless specifically approved in the plans and specifications the entire width of the right-of-way shall be cleared and grubbed in accordance with Section 110 of the DOT Specifica- tions. (c) E~cavation and Embankment. Ex~ava·~ion and fill, if called for in the approved plans and specifications, shall be in accordance with the applicable portions of Section 120 of the DOT Specifica- tions. (d) Subgrade. - · The subgrade shall be uniformly stabilized to a depth of 8 inches to produce a Florida Bearing Value of 50 p.s.i., in accordance with Section 160 in the DOT Specifications. A compaction of 9~ of the maximum density as determined by AASHO Method T-180 shall be deeme~ sufficient. Unless specifically deleted in the approved plans and specifications, shoulders 8 feet in width on each side of the Base Course shall be stabilized in accordance with Section 160 of the DOT Specifications. The subgrade shall be brought to true grade and approved by the City Engineer prior to inst~llation of the base course. Ord. No. 2-76 (e) Base Course. A base course of limerock as specified in Section 911 of the DOT Specifications shall have a minimum depth of 8 inches after compaction, and shall be compacted in two layers to the 9~ dry density, all in accordance with the provisions of Section 200 of the DOT Specifications. Ocala formation or Miami Ocala formation.is acceptable;, minimum per- centage of carbonates (of calcium and magnesium) in limerock material shall be 95~ for Ocala Lime- rock and 70% for Miami LimeroCk. The width of the base course shall exceed the width of pavement as called for in the approved, plans and specifications by 12-inches on each side. The use of forms for this course will not be required, and the use of suitable equipment shall be approved by the City Engineer. The base course shall be inspected and approved by the City Engineer prior to installation of the prime coat. In case the above materials-are not available, the City Engineer may allow deviations from thc above specifications, or may permit the use of Shell Rock. Shell material shall be molusk shell. At least 50% (by weight) of total material shall be retained on a No. 4 sieve, not more than.7~ (by weight) of the total material shall pass the No. 200 mesh sieve when determined by elutriations (washing), 4~ car- .~ bona%es by weight. If shell material of the above proportions is not available, deviations may be approved by the City Engineer. (f) After approval, the base course shall be primed and a tack coat applied all in accordance with Section 300 of the DOT Specifications. (g) The surface course shall be Type II hot laid asphaltic concrete and shall have a minimum depth of 1~ inches after compaction. Width of paving shall be as called for in the approved plans and specifications and all work shall be in accordance with the applicable portions of Sections 320, 330, 331 and 332 of the DOT Specifications. Final inspection and approval of the surface course by the City Engineer shall be required. . (h) Clean up. ~. The site shall be cleared.of all debris, exdess fill and equipment in a good and workmanlike manner as 'spproved by the City Engineer. The City Engineer shall approve the .grade and drainage facilities for all construction before a permit shall bQ issued therefor. -.6- Ord. No. 2-76 Sec. 23-15. APPROVAL BY CITY ENGINEER. The Developer or Petitioner for a new street shall provide, at his own expense, a Registered Engineer or Surveyor and sufficient inspectors to insure that the improvements being installed are in accordance with the approved plans, prior to acceptance by the City. Such Registered Engineer shall certify to the City Engineer, in writing, that all improvements have been installed in accordance with the approved specifications. The City Engineer shall, however, at all times have the right to enter on the premises for inspection of the work and to stop work on the improve- ments if he shall find that said improvements are not being made in accordance with the approved plan and speci- fications and this ordinance. Sec. 23-16. FEE FOR PERi, IT; INDE~ITY BOND. All permits for improvements made under this chapter shall be issued by the City Engineer without charge; however, if, in his opinion, there is reasonable ground for anticipating possible damage to City property, a sufficient indemnity bond may be required before the issuance of such permit. Sec. 23-17. CONSTRUCTION OF PUBLIC STREETSt PUBLIC ALLEYS OR PUBLIC SIDEWALKS BY Tk~E CITY. All new construction by the City, of streets, alleys or sidewalks, or any part thereof shall be accomplished by special assessments according to law unless otherwise .authorized by the City Council. Nothing herein contained shall be construed as affecting the City Manager's unre- stricted authority to repair, resurface or otherwise maintain those streets, alleys or sidewalks, heretofore constructed to City specifications. Sec..23-18. STREET NA~ SIGNS. Street name signs with the approved name properly affixed shall be installed at the intersection of all streets and other rights-of-way.at the expense of the developer. Locate. on design of street name signs shall be subject to the. approval of the City Engineer. Sec. 23-19. BUILDING PEF~ITS'AND ADJACENT IMPROVEMENTS, BONDING ~EQUIREMENTS, AK~ ISSUANCE OF CERTIFICATE OF OCCUPANCY. No building permits will be issued for the construction of buildings adjacent to or fronting on public and private streets or thoroughfares required by this ordinance until the streets or thoroughfares to service these buildings have been constructed in accordance with the standards set forth in this ordinance or in lieu thereof that a performance ! - 7 - Ord. No. 2-76 bond has been issued to the City of Delray Beach or other equivalent security instrument in a form satisfactory to the City Attorney in an amount as will be required by the City Engineer. Under no circumstances will temporary or permanent Certificates of Occupancy be issued for buildings adjacent to or fronting on the public or private streets required herein until said streets have been actually and completely constructed in accordance with this ordinance. SECTION 2. That the Board of Adjustment shall not haVe the authority to grant variances from the terms, and conditions of this ordinance. SECTION 3. If any section, subsection, sentence, clause~ phrase or portion of this ordinance is for any reason held.invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 4. This ordinance shall become effective immediateiy upon Passage on second and final reading. PASSED ~D ADOPTED in regular session on second and final readihg on this the 13th day of September , 1976. · ~. V i CE,MAy OR ATTEST: City Clerk First Reading Auqust 23, 1976 Second Reading .... S.eptember 13 ~,. !9~76 - 8 - Ord. No. 2-76