Sec. 3.   Standards.
   A.   General Standards for All Required Improvements. The following general standards shall apply to all required utility and infrastructure improvements city-wide:
      1.   Engineering Principles. The design of required development improvements shall be in accordance with acceptable engineering principles. Design data, (calculations, analyses, etc.) shall be submitted along with the land development construction plans covering important features affecting design and implementation of same. Such data shall include, but not be limited to, high water, drainage facilities of all kinds, subsurface soil data, alternate pavement and subgrade types, and radii at intersections when minimum standards of the American Association of State Highway and Transportation Officials are inadequate. Required improvements shall be equal to or exceed current city standards and the following sections within this article.
      2.   Impacts of Construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless such activity is permitted to affect said property pursuant to a consent granted by the adjacent property owner, under terms or conditions agreeable to the adjacent property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoff, debris and the storage of construction materials. New construction activity shall not adversely impact historic surface water drainage flows of adjacent properties, and may require special drainage considerations complying with engineering standards to preserve the positive drainage patterns of the affected sites.
      3.   Safety. It shall be unlawful for any person to move, remove, damage, destroy, or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this article, except upon permission of the Director of Public Works.
   B.   Utilities.
      1.   General. Utilities, including but not limited to power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights, and gas shall be installed underground in accordance with the current Engineering Design Handbook and Construction Standards. This section shall apply to all cables, conduits or wires forming parts of an electrical distributions system including service lines to individual properties and main distribution feeder lines delivering power to local distribution systems, except that it shall not apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is transmission or distribution of electrical energy between subdivisions, generating stations, substations and transmission lines of other utility systems, or perimeter lines located adjacent to the parcel or 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 distributions 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 and shall be provided as prescribed by these Regulations for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations. The City Engineer may waive the requirement for underground installation if the service to the adjacent area is overhead and if it does not appear that further development in adjacent areas with underground utilities is possible. Any new service which is allowed by the waiver herein to 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 underground installations with each of the persons, firms, or corporations furnishing utility service involved. Utilities shall be constructed in easements as prescribed by these Regulations.
      2.   Installation. After the subgrade for a street has been completed, the remainder of the street right-of-way has been graded and before any material is applied, all underground work for the water mains, sanitary sewers, storm sewers, cable television, gas mains, telephone, 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 installation. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled. All above-ground or underground improvements shall comply with the Engineering Design Handbook and Construction Standards.
         a.   Utility Transmission Lines. Unless otherwise deemed impractical by the City Engineer, all utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including all franchised utilities, shall be constructed and installed beneath the surface of the ground with the exception of main overhead feeder lines. Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement.
         b.   Water Systems. Public water system for both domestic use and fire protection must be installed in accordance with city standards and other pertinent city ordinances.
         c.   Central Water System. A complete water distribution system shall be provided for all developments. Water transmission mains shall be provided by the developer to an approved operating city water system. The city Director of Utilities shall approve all new connections to the existing city water system.
         d.   Fire Hydrants. Fire hydrants shall be provided in all residential, commercial, mixed use, and industrial developments in the manner prescribed in these Regulations. When annual fire hydrant fees are to be levied according to ordinance, a special association for payment of said fees will be required.
   Fire hydrants shall be no more than three hundred (300) feet apart and the remotest part of any structure shall be no more than two hundred (200) feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at residual pressures of not less than twenty (20) pounds per square inch, fire flow of at least one thousand, five hundred (1,500) gallons per minute shall be provided as a minimum standard.
   In one (1) and two (2)-story residential developments with not more than ten (10) dwelling units per acre, fire hydrants may be spaced up to five hundred (500) feet apart but not more than three hundred (300) feet from the center of any lot in the development. The system shall provide flow capacity of at least five hundred (500) gallons per minute in addition to maximum day domestic requirements at specified residual pressures.
      3.   Sanitary Sewer. A complete sewage collection system shall be provided for all developments in accordance with requisite government regulations. Sewage transmission facilities shall be provided by the developer to an approved operating city collection or transmission system. Transmission systems shall include force mains and other appurtenances associated with lift stations. The Director of Utilities shall approve all connections to existing city collection, transmission, and sewer systems. Sewage system will be furnished and installed in accordance with city standards and other pertinent city ordinances.
      4.   Easements. Easements, a minimum of twelve (12) feet in width, shall be provided to accommodate all required utilities across lots with convenient access for maintenance, and where possible shall be centered on lot lines. Easements ten (10) feet in width shall be provided for underground utilities across that portion of a lot adjacent to a street. Additional utility easements or larger utility easements may be required by the city when, in the opinion of the City Engineer, or his or her designee, and/or the Utilities Engineer, such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service. Utility easements and drainage easements shall be separate unless otherwise approved by the Director of Utilities or the City Engineer. Where easement crossings occur, drainage easements shall take precedent.
   The developer and/or owner shall dedicate to city any easement that city deems necessary for public services and said dedication shall provide that developer and/or owner shall hold city harmless for any of its acts performed within or abutting said easements if any loss or damage is caused to abutting property. The City Engineer shall be authorized, on behalf of the City Commission, to grant, accept, and vacate easements for municipal purposes on both public and private properties.
   C.   Roadways and Streets.
      1.   General. All streets and related facilities required to serve the proposed development shall be constructed by the developer. The construction shall consist of, but not be limited to, street grading, base preparation and surface course along with drainage, and shall be in accordance with city regulations.
   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 improved so as to meet the minimum requirements set forth in this article.
      2.   Designation System. All streets, avenues or other thoroughfares for vehicular traffic shall be designated in accordance with city standards. Such designation shall be vested in the Director of Public Works or designee who shall also maintain the city's master roadway file and allocate secondary street designations.
      3.   Naming System. Street names shall be issued as per the request of the originator of the street (or roadway) except in the case of a section line, where roads will be given a route number in addition to the assigned name as determined by either the Florida Department of Transportation or Palm Beach County, whichever has jurisdiction of the street (or roadway). Proposed streets which are on the same alignment with other existing named streets, shall bear the same name of the existing street. All street names shall have a suffix and in no case, except as indicated in the preceding sentence, shall the name of the proposed street (or roadway) or duplicate be phonetically similar to existing street names regardless of the use of the suffix - street, avenue, boulevard, drive, place, court, etc. The basic naming standards are as follows:
         a.   Curvilinear Streets. Curvilinear streets shall be named on the same basis as other streets and shall carry the same name through their entire length.
         b.   Streets Crossing Ocean Avenue. Streets crossing Ocean Avenue shall have north and south added to their names accordingly.
         c.   Table 4-23. Handicap Accessible Parking Requirements.
 
North-South Direction
East-West Direction
Court
Avenue
Drive
Boulevard
Lane
Place
Parkway
Road
Street
Way
 
   The suffixes ‘boulevard' and ‘parkway' shall be reserved for arterials and collectors. The suffix ‘circle' is an option for either direction, however, it should be used as the name implies, i.e., a curvilinear roadway. The use of 'terrace' and 'trace' shall be reserved for minor streets, cul-de-sacs, etc. Any other requested suffix shall be approved by the Director of Public Works or designee prior to its inclusion into any development.
         d.   Street Name Changes.
            (1)   Standard Street Name Changes. Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following circumstances:
               (a)   In response to a City Commission directive,
               (b)   To eliminate duplication or confusion in street names, or
               (c)   To reduce confusion in addressing.
            (2)   Vanity Street Name Changes. Name changes which do not meet the criteria above are considered "vanity street names" for the purposes herein and are permitted only under the following limited circumstances:
               (a)   The desired name will not create confusion;
               (b)   The desired name does not duplicate in whole or in substantial portion, the name of any existing street;
               (c)   All property owners abutting the road have signed a petition requesting the change and a completed application has been submitted to the Engineering Division;
               (d)   The fee that has been established by resolution;
               (e)   The entire length of the street must be renamed; and
               (f)   The City Commissioner approves the request.
         e.   Standard Street Name Numbering and Addressing.
            (1)   Uniform Addressing Procedure. Lot or parcel addressing for individual tracts of land shall be designated in accordance with the city's uniform addressing procedure policy. Such designation shall be vested in the Director of Public Works or designee, who shall also maintain the city's master roadway file.
            (2)   Abutting Cities and Communities. The addressing number system currently in use within the corporate limits of the city shall be maintained. For those lots or parcels annexed into the city will, if possible, be assigned in a manner that maintains:
               (a)   A logical sequence of numbers along the street or roadway on which the property is located, and as established in that neighboring government, and
               (b)   A consistent pattern of separation of even and odd numbers.
            (3)   Direction of Street. The establishment of the exact number of a particular lot or parcel entails the dimensions of the lot in question, and its distance from the nearest land line or street as given in the legal description. If the lot is on an east-west (E-W) street, it will receive an E-W number (even numbers on the south side of the street and odd numbers on the north side). If the lot is located on a north-south (N-S) street, it will receive a N-S number (even numbers on the east side of the street and odd numbers on the west side).
         f.   Vanity Street Name Numbering and Addressing. Street numbering and addressing for commercial and residential properties shall be based on the city's grid system as described.
   Requested addresses which do not adhere to the city's grid system are considered "vanity addresses" for the purposes herein, are prohibited for residential uses, and shall not be permitted for non-residential uses except under the following circumstances:
            (1)   The entity requesting the "vanity address" is a prominent commercial entity and has a location which is widely recognized in the community;
            (2)   The requested number is not out of sequence with any existing numbers on the same street. (For example, the number one hundred (100) would not be permitted on a lot which is located between two existing lots with the addresses #500 and #550);
            (3)   Emergency medical services and the U.S. Post Office would be able to locate the property;
            (4)   An individual with the assistance of a generally distributed local street map would be able to locate the property without undue difficulty;
            (5)   The requested address does not duplicate an existing address on the same street;
            (6)   The requested address would, in no way, be injurious to or infringe upon the existing rights of any other commercial entity in the county;
            (7)   The requestor has submitted an affidavit which acknowledges that the requested address may result in delays in mail delivery and service provisions;
            (8)   The established fee has been paid and the requestor has submitted a complete application to the Department of Engineering Division; and
            (9)   The City Commission approves the request and finds that the address request is related to a city goal, such as economic development, which takes precedence over the goal of maintaining the city's grid system.
      4.   Street Layout and Configuration.
         a.   General. Street layout shall be coordinated with the street system of the surrounding area. Consideration shall be given to existing and planned streets, topographical conditions, public convenience, safety, and relationship to the proposed use of the land to be served. The arrangement of streets in new developments shall provide for the continuation of existing streets in adjoining areas not developed, and shall provide for the proper projection of streets. When a development adjoins undeveloped land, then the new street, where necessary, shall be carried to the boundary of the tract proposed to be developed to promote reasonable development of adjacent lands, and provide continuity of street systems. The new development shall provide for the incorporation and compatible development of present and future streets shown on the thoroughfare map adopted by the City Commission.
         b.   Width of Ultimate Right-of-Way.
            (1)   (Table 4-24) General Standards. The City Commission shall not accept any street right-of-way dedication by plat or by deed or other instrument unless the right-of-way width and paving comply with the Land Development Regulations.
         Minimum street right-of-way width shall be as follows:
Street Type
Right-of-Way Width (in feet)
Street Type
Right-of-Way Width (in feet)
Expressway
300
Major arterial
200
Arterial
120
*Collector
80
*Local with mountable curb
50
*Local with swales
60
Marginal access
40
 
   *The right-of-way width may be reduced by up to eight (8) feet if the provisions of Section 3.D below are met.
   All public and private streets herein shall be constructed in conformance with the minimum standards as set forth in the current Engineering Design Handbook and Construction Standards or latest supplement thereof.
            (2)   Within All Planned Residential Developments. The minimum width of a right-of-way for a principal street within a planned residential development district is forty (40) feet. Privately owned streets providing secondary vehicular circulation internal to the development may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the city's Land Development Regulations; however, in no case shall health, safety, welfare, or efficiencies of public services be jeopardized.
      Privately owned streets providing secondary vehicular circulation internal to the residential planned development district may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the city's Land Development Regulations. However, in no case shall health, safety, and/or welfare be jeopardized. Any reduction in the width of a right-of-way and/or its pavement shall require the approval of a waiver, which is subject to review and approval of the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 5.
      Roadways providing external connections to the city's street network shall meet all requirements contained in the city's Land Development Regulations.
            (3)   Within All Commercial and Industrial Districts. Commercial and industrial developments shall comply with all of the requirements of these Regulations, except that all local streets shall be designed and constructed according to the collector street typical section contained in the current city standards.
         c.   Width of Pavement. The minimum width of paving of all new or rebuilt streets shall be in accordance with current city standards.
   Any reduction in the width of a right-of-way and/or its pavement shall require the approval of a waiver, which is subject to review and approval of the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 5.
         d.   Dimensions of Blocks. The length, width, and shape of blocks shall be determined by the following:
            (1)   Provision of adequate building sites suitable to the special needs of the type of planned use.
            (2)   Zoning requirements as to lot size and dimensions.
            (3)   Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic.
            (4)   Limitations and opportunities of topography.
               (a)   Block lengths shall not exceed one thousand, three hundred twenty (1,320) feet between intersecting streets except where special topographical conditions exist. Greater lengths may be approved by the City Engineer.
               (b)   In blocks nine hundred (900) feet in length or over, crosswalks not less than eight (8) feet wide may be required between streets where deemed essential by the City Engineer to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.
         e.   Dead-end Streets. Dead-end streets shall be constructed in accordance with the Engineering Design Handbook and Construction Standards.
         f.   Street Jogs. Local street jogs with centerline offsets of less than one hundred twenty-five (125) feet are prohibited.
         g.   Half-streets. Half or partial streets are prohibited except where essential to the reasonable development of a tract in conformance with the thoroughfare plan and these Regulations. In addition, satisfactory assurance for dedication of the remaining part of the street must be provided. Whenever a tract to be developed borders on an existing half or partial street, the other part of the street may be required to be dedicated and constructed within such tract. A proposed development that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these Regulations shall dedicate right-of-way along either one (1) or both sides of said street so that the minimum right-of-way requirements of these Regulations can be met.
         h.   Marginal Access Streets. Where a development abuts an arterial or higher classification street and adjoining property owners desire access other than at street connections, a marginal access street shall be required from an intersection to the edge of the development.
         i.   Local Streets. Local streets shall be laid out so as to discourage through traffic.
         j.   Railroads Abutting Developments. When a development 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 required so as to permit appropriate use of the intervening land for park purposes in residential districts or for commercial or for industrial purposes in appropriate districts.
         k.   Thoroughfare Intersections. The number of driveways and access roads which intersect thoroughfares shall be minimized and designed to allow for signalization.
         l.   Alignment, Tangent, Deflection, Radii. Streets shall be laid out to intersect as nearly as possible at right angles. Multiple intersections involving the junction of more than two (2) streets are prohibited. The point of curvature of any local street shall not be closer than one hundred (100) feet to any intersection. All intersections shall be designed to provide adequate stopping and sight distance in accordance with the current city standards.
         m.   Traffic Calming Measures.
            (1)   The city shall consider placement of traffic calming measures only upon completion of an initial traffic study. Traffic calming shall be considered:
               (a)   Only on those local streets with average daily traffic volumes greater than five hundred (500) vehicles per day; and
               (b)   Only when the 85th percentile speed is greater than thirty (30) mph for those streets posted at twenty-five (25) mph or greater than thirty-five (35) mph for those streets posted at thirty (30) mph.
            (2)   Signing, striping and other devices identifying traffic calming measures shall conform to the current Manual on Uniform Traffic Control Devices.
         n.   Lot Access. Individual lots shall have access to an internal street system.
            (1)   Along Local Streets. Along local streets, the point of access to lots shall be at least thirty (30) feet from intersecting right-of-way lines, providing the interior lot angle at the intersecting lines is ninety degrees (90°) or greater. If the interior lot angle is less than ninety degrees (90°), the access point distance will increase, and be determined by the City Engineer or designee. On zero (0) lot line corner lots, access points shall be located a minimum of twenty- five (25) feet from the intersection of the projection of right-of-way lines to the near edge of the driveway. Access to townhouse clusters may be via parking lots and/or driveways designated on the plat as access or parking tracts, provided the length of access does not exceed six hundred sixty (660) feet. Subdivisions shall be designed to provide access to all lots by the use of local streets.
            (2)   Along Collector Streets. Along collector streets, the point of access to lots shall be at least fifty (50) feet from the intersecting right-of-way lines, incorporating the same angular parameters noted above. Mid-block lots shall meet access point separations in accordance with city standards.
            (3)   Along Arterial Streets. Along arterial streets, the point of access to lots shall be at least one hundred twenty (120) feet from the intersecting right-of-way lines, incorporating the same angular parameters noted above. It is the intent to minimize the number of access points connecting to an arterial street. However, if required for access or circulation, a second access point may be permitted on the side of the lot adjacent to the lanes departing the intersection. The locations of the access points shall be approved by the City Engineer or the designee.
            (4)   Secondary Point of Access. In addition to the main point of vehicular access, a secondary point of vehicular access shall be considered for all residential developments with thirty (30) or more dwelling units. This secondary access point may be substituted with an emergency access point if a secondary access point is unfeasible due to the configuration or remote relationship of other improved and platted lands surrounding the development. In all circumstances, the secondary or emergency access point shall be designed and located away from the primary point of access in case the primary point is impeded or otherwise inaccessible.
         o.   Driveway Spacing. On all streets, the minimum spacing between driveway centerlines shall be in accordance with city standards. If the street is under the jurisdiction of another agency, spacing shall be in accordance with Palm Beach County standards for county roads or FDOT standards for state roads, whichever is greater.
         p.   Street Connections.
            (1)   Local Streets to Collector Streets. Local street connections to collector streets shall be a minimum of six hundred sixty (660) feet apart.
            (2)   Collector Streets to Arterial Streets. Collector street connections to arterial streets shall be a minimum of one thousand, three hundred twenty (1,320) feet apart.
            (3)   Double Frontage Lots. Double frontage lots adjacent to a collector or arterial street shall front on a local street. The rear of the lot shall abut the collector or arterial street and be buffered as required by these Land Development Regulations.
            (4)   Limited Access Easement. Limited access easements shall be provided along collector and arterial roads.
         q.   Cross Access Roads. Cross access roads or drive aisles shall be provided between commercial sites wherever practical to minimize trips on nearby thoroughfares.
         r.   Median Strips. Medians that are part of a dedicated or deeded right-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 in a development, the developer may do so by placing grass and shrubs of small root structure within the medians under the right-of-way permit issued by the City Engineer.
         s.   Entrances to Developments. Unless approved by the City Engineer, entranceways consisting of walls, fences, gates, rock piles or the like are not permitted within the median strip or other areas in a dedicated or deeded right-of-way. Decorative entranceways must be constructed upon parcels of land adjacent to a right-of-way in compliance with the zoning, building, and sign codes and must not 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.
         t.   Collector Road Dedication. Collector roads within developments shall be dedicated as public rights-of-way unless otherwise approved by the City Engineer.
         u.   Visual Obstructions of Intersections. No wall, fence, sign, planting, hedge, shrubbery, or other visual obstruction shall be created or maintained with a height between two (2) feet – six (6) inches and eight (8) feet above the street level, within twenty-five (25) feet of the intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link type fences may be a maximum of four (4) feet and kept visually clear (see Chapter 3, Article II, Section 6 and Chapter 4, Article II, Section 4.A.14.).
         v.   Right-of-Way Improvement & Construction Standards. All improvements to rights-of-way including but not limited to the design of street grades, shoulders, swale and swale areas, traffic control devices, street markers, materials used for surfaces and subgrades, construction within muck or clay, and permanent reference monuments (PRM) or permanent control points (PCP) shall be constructed in accordance with the Engineering Design Handbook and Construction Standards or latest supplement thereof.
      5.   Construction, Repair, or Alterations.
         a.   Street Access Permit. All work performed in public or private rights-of-way shall conform with the current Engineering Design Handbook and Construction Standards. Except as provided herein, any person desiring to perform or have performed any of the activities covered by this article wherein a permit is required shall secure such a permit in accordance with the rules and regulations set forth in Chapter 2, Article III, Section 4.
         b.   Street Opening Permit. Any person desiring to plow, dig, scrape or in any way make or have made any hole, pit, ditch or excavation in or upon any street, alley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in compliance with all regulations contained in or promulgated under this article including the Engineering Design Handbook and Construction Standards. It shall be conducted in accordance with Chapter 2, Article III, Section 4.
         c.   Alterations to Medians. Whenever alterations of medians are deemed necessary by the City Commission for the promotion and protection of the health, safety and general welfare of the community, the costs for such alterations shall be borne by the developers or property owners of such land development projects.
         d.   Nuisance Abatement. Applicant for clearing and grubbing permit and/or land development permit shall describe in writing how blowing sand, dust and other airborne matter will be controlled during clearing, grading and filling and until such time as permanent ground cover is installed.
      6.   Abandonment. All requests to abandon a public or private right-of-way shall be conducted in accordance with Chapter 2, Article II, Section 2.G.
   D.   Sidewalks.
      1.   General.
         a.   Purpose and Intent. The purpose and intent of this subsection is to design rights-of-way by planning for, and providing safe, orderly, and comprehensive pedestrian linkages throughout the city, and to promote complete street initiatives.
         b.   Applicability. Unless otherwise exempt or waived by the City Engineer, no person shall improve any parcel of land within the city, or change the occupancy classification (as defined by the Florida Building Code), without installing a sidewalk in conformance with the Engineering Design Handbook and Construction Standards and the standards contained herein. A right-of-way permit to construct a sidewalk shall be required in accordance with Chapter 2, Article III, Section 4, prior to the issuance of any certificate of occupancy/completion.
         c.   Exemptions. The following improvements and construction activities shall be exempt from the standards contained herein and the permitting procedures of Chapter 2, Article III, Section 4:
            (1)   Unimproved Lots. Any proposed improvement to an undeveloped lot, platted or unplatted, and the cost of such improvement is less than seventy percent (70%) of the current assessed property valuation.
            (2)   Improved and Developed Lots.
               (a)   The construction of any addition proposed to a principal building located in single-family and two-family residential zoning districts which is less than twenty-five percent (25%) of the gross floor area of such existing building; or
               (b)   The construction of any accessory building/structure, or the reconstruction or remodeling of any existing residential building located in single-family and two-family residential zoning districts, and the cost of such improvement is less than fifty percent (50%) of the current assessed valuation.
         d.   Waivers. Upon the recommendation of the City Engineer, the sidewalk requirements contained herein may be waived for an individual lot in accordance with Chapter 2, Article III, Section 5, when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where the sidewalk requirement would not be compatible or in harmony with adjacent or nearby previously developed without sidewalks.
      2.   Standards.
         a.   Sidewalks shall be constructed on both sides of all local and collector streets, and on one (1) side of marginal access streets in all areas.
         b.   Sidewalks constructed within public or private rights-of-way shall conform to the Florida Department of Transportation Standards Specifications and Roadway and Traffic Design Standards (as applicable), the Manual of Uniform Control Devices (MUTCD) as applicable, and the Engineering Design Handbook and Construction Standards, or the latest supplements thereof.
         c.   Except as provided herein, any person desiring to perform or have performed any of the acts covered by these Land Development Regulations wherein a right-of-way permit is required shall secure such permit in accordance with the following standards:
            (1)   If any street abutting the property on which such construction is to occur is depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is to be required, sidewalks shall be constructed along the entire street frontage of such parcel; in the case of a corner lot, the sidewalk shall be constructed also along the access side.
            (2)   If any street abutting the property on which such construction is to occur is not depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is required, the property owner shall pay a fee equal to the cost to the city per square foot of construction of the sidewalk abutting the property, as such fee is determined annually by the Director of Public Works.
         d.   A dual system consisting of sidewalks within pubic rights-of-way and bicycle/pedestrian paths outside of the public right-of-way may be required to provide adequate pedestrian circulation. Paths shall be constructed concurrently with the other required improvements in accordance with the Engineering Design Handbook and Construction Standards, and be included in the surety described in Chapter 2, Article III, Section 6.
      3.   Construction, Repair, or Alterations. All new construction of sidewalks or repair and/or alteration of existing sidewalks shall require a permit in accordance with Section 4 of this Article and with Chapter 2, Article III, Section 4.
      4.   Abandonments. Any request to abandon a public or private right-of-way shall be conducted in accordance with Chapter 2, Article II, Section 2.G.
      5.   Miscellaneous. The control, jurisdiction, and maintenance obligation of bicycle/pedestrian paths not located within a public right-of-way shall be placed in a property owner's association or an improvement district. Bicycle/pedestrian paths shall be constructed concurrently with other required improvements.
      6.   Community Design. See Chapter 4, Article III, Sections 6 and 7 for additional community design standards related to sidewalks and pedestrian pathways.
   E.   Pedestrian and Bicycle Paths. Bicycle/pedestrian paths shall be a minimum of eight (8) feet in width. In driveway and commercial areas, the surface, base and subgrade requirements of the Engineering Design Handbook and Construction Standards shall be met. In other areas, one (1)-inch Type II asphaltic concrete on a four (4)-inch thick compacted base of locally approved limerock or shellrock shall be used. When bicycle/pedestrian paths are not located within road rights-of-way, the base shall extend six (6) inches from each side of the surface and muck shall be completely removed below the base. Three-quarter (3/4) inch thick Type I asphaltic concrete may also be used. The cross slope shall be one-quarter (1/4) inch per foot.
   F.   Bridges & Culverts. Bridges or culverts shall be provided as necessary to facilitate the proposed street system whenever a development is traversed by or contains canals, watercourses, lakes, streams, waterways or channels. Bridges or culverts are subject to approval by agencies having jurisdiction. Bridges shall be designed in general accord with current Florida Department of Transportation practices and shall include planning for utility installation.
   G.   Drainage, Stormwater, and Wastewater Management.
      1.   Drainage.
         a.   Applicability. Any proposed building addition, swimming pool, patio, driveway, deck, or similar structure or improvement that decreases the permeable land area in excess of eight hundred (800) square feet on any parcel shall provide a professionally prepared drainage plan.
   In addition, an adequate storm, surface and ground water drainage system, including necessary ditches, canals, swales, percolation areas, detention ponds, storm sewers, exfiltration trenches, drain inlets, manholes, headwalls, endwalls, culverts, bridges and other appurtenances shall be required in all subdivisions.
   Any development that is part of an overall master stormwater plan may have the provisions of this paragraph waived at the sole discretion of the City Engineer or designee.
         b.   Design Standards. Construction plans and certified drainage design data includes but is not limited to the method of control of storm water and groundwater; 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. Provide for drainage of lots, streets, roads and other public areas including surface waters which drain into or through the property. The drainage design must provide adequate surface water drainage of naturally occurring or existing adjacent contributory areas. All drainage areas shall be designed in accordance with the Engineering Design Handbook and Construction Standards or latest supplement thereof. Where additional ditches and canals are required to accommodate contributory surface waters, right-of-way shall be dedicated for future needs. An exception exists where a developer may excavate or open sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent areas so warrants, subject to approval by the City Engineer.
         c.   Drainage Easement. Drainage easements shall be provided where necessary at a width adequate to accommodate the drainage facilities in accordance with the Engineering Design Handbook and Construction Standards. Utility easements and drainage easements shall be separate unless otherwise approved by the Director of Utilities and the City Engineer. Where easement crossings occur, drainage easements shall take precedent.
      2.   Stormwater Management. When approved positive drainage is not available, on-site containment of stormwater run-off shall be provided by the developer. Details of the on-site system shall be approved by the City Engineer.
         a.   Applicability. Storm water shall be treated in the development by providing on-site percolation and/or detention or any appropriate treatment technique acceptable to the South Florida Water Management District (SFWMD).
         b.   Design Standards. Rainfall runoff, surface waters, and groundwaters shall be managed in developments to optimize water quality and maximize percolation and detention to promote the re-use of this resource. All stormwater/wastewater areas shall be designed in accordance with the Engineering Design Handbook and Construction Standards or latest supplement thereof. However, pervious areas shall be sodded and irrigated unless other landscaping is approved by the Director of Planning and Zoning.
   H.   Canals and Waterways.
      1.   General.
         a.   Applicability. When a developer designs a development containing/adjoining waterfront property either existing or proposed, such as canals, water courses, lakes, streams, drainage ways or channels, such development shall comply and conform to the requirements of this article and this chapter.
         b.   Exemptions. This article shall not apply either to drainage easements containing subsurface drainage systems or to the operation or activities of a governmental water control agency.
      2.   Design. Where canals, watercourses, lakes, streams, drainage ways or channels are adjacent to or exist upon the property to be developed, they shall retain natural characteristics or design and protect waterways so as to not present a hazard to life and safety. Access waterways proposed in conjunction with a development shall have a minimum water depth of six (6) feet for a continuous bottom width of twenty (20) feet. Where seawalls, bulkheads or retaining walls are not required, the design shall incorporate a minimum of a four to one (4:1) slope from existing ground to a depth of six (6) feet.
      3.   Dedications.
         a.   Rights-of-Way. Prior to the construction or alteration of watercourses as prescribed in Section 3.H.5. below, rights-of-way or easements required for such work must be appropriately dedicated. Where such construction or alteration affects a governmental agency, the dedication, deed, or easement shall be to such agency.
         b.   Easements. Where, in the opinion of the City Engineer, public rights for drainage purposes are necessary, an easement shall be dedicated to the city. This dedication shall be in conformance with Section 7.A.3.a.
         c.   Waterways. Waterways, except for public drainage easements, shall be dedicated to a property owners' association or reserved for the use of the residents of a development developed as a condominium or cooperative development as defined by Florida Law. In lieu of the foregoing, waterways may be dedicated to a legally constituted drainage agency.
      4.   Maintenance. Perpetual maintenance of rights-of-way or easements for canals, watercourses, lakes, streams, channels or other water management areas shall be dedicated to a property owners' association unless the right-of-way or easement is public. In those cases maintenance may be dedicated to the city for the limited purpose of providing minimum drainage as determined by the City Engineer.
      5.   Construction, Repair, or Alterations. No person, firm, corporation, or any other association shall alter, reroute, deepen, widen, change, or construct any waterway without first submitting construction plans and an application for a land development permit in accordance with Chapter 2, Article III, Section 3. Prior to the issuance of such a permit, the plans shall be approved by the City Engineer.
   Where the dredge, fill, or excavation affects public property or sovereign land, the construction plans shall, prior to issuance of permit, be approved by the governing agencies having control over public property or sovereign lands such as the South Florida Water Management District (SFWMD), Trustees of Internal Improvement Fund (TIFF), U.S. Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (FDEP), Lake Worth Drainage District (LWDD), or any other public agency having jurisdiction in such matters.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12)