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Weston, FL Code of Ordinances
WESTON, FLORIDA CODE OF ORDINANCES
CHARTER
TITLE I: COMPREHENSIVE PROVISIONS
TITLE II: LEGISLATIVE
TITLE III: EXECUTIVE
TITLE IV: TAXES, FEES AND COSTS
TITLE V: PUBLIC SAFETY
TITLE VI: EMERGENCIES
TITLE VII: MOTOR VEHICLES AND VESSELS
TITLE VIII: BUSINESS-REGULATIONS AND STANDARDS
TITLE IX: PROPERTY - REAL AND PERSONAL
TITLE X: PUBLIC PARKS, RECREATION AND SPECIAL EVENTS
TITLE XI: PUBLIC WORKS
TITLE XII: LAND USE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 125.41 SITE PLAN APPLICATION AND REVIEW.
   125.41(A)   Procedures. An application for site plan approval shall be filed and processed pursuant to § 125.05(A) through (C).
   125.41(B)   Submission requirements.
   125.41(B)(1)   Site plan. A site plan shall be not less than 24 inches by 36 inches, drawn at a scale not less than one inch = 50 feet. The Site Plan shall include the following:
   125.41(B)(1)(a)   A legal description, including the section, township, and range.
   125.41(B)(1)(b)   Clearly identified property and site boundaries, ties-to-section corners and adjacent properties (showing land and zoning designations for each property).
   125.41(B)(1)(c)   Proposed land (s).
   125.41(B)(1)(d)   Location and of all and with dimensions to lines, and designations of .
   125.41(B)(1)(e)    separations.
   125.41(B)(1)(f)   Circulation system for , bicycles, and pedestrians, showing loading area(s), all parking, and connection to .
   125.41(B)(1)(g)   All adjacent , with indication of ultimate line, center line, width, paving width, existing cuts and intersections, light , signals and other facilities and easements. Location of all cross Streets and driveways within 350 feet of property limits.
   125.41(B)(1)(h)   Provider of water and services.
   125.41(B)(1)(i)   Location of septic tank and drain field, if applicable.
   125.41(B)(1)(j)   Provider of stormwater services.
   125.41(B)(1)(k)   Existing and proposed fire hydrant locations.
   125.41(B)(1)(l)   The following computations:
   125.41(B)(1)(l)1.   Gross acreage.
   125.41(B)(1)(l)2.   Net acreage. Gross acreage covered by the property excluding road easements and , if any.
   125.41(B)(1)(l)3.   Number of units and density for residential .
   125.41(B)(1)(l)4.   Square footage of ground covered by or and designation of .
   125.41(B)(1)(l)5.   Required number of parking spaces for and bicycles.
   125.41(B)(1)(l)6.   Number of parking spaces provided for and bicycles.
   125.41(B)(1)(l)7.   Pervious and impervious surfaces, in square footage and percentage.
   125.41(B)(1)(m)   Site plan location sketch, including section, township, and range, showing the nearest public .
   125.41(B)(1)(n)   Geometry of all paved areas including centerlines, elevations and dimensions for lengths, widths and radii.
   125.41(B)(1)(o)    and storage location(s) and paved access for collection vehicles.
   125.41(B)(1)(p)    loading areas and paved access for vehicles of the required type, if applicable.
   125.41(B)(1)(q)   Areas for fire-rescue vehicles, and access for vehicles of the required type, if applicable.
   125.41(B)(1)(r)   Proposed street names and addresses, or a range of addresses, for any proposed within the site plan, in conformity with standards. Address assignment shall be based on a   the site faces or accesses. Driveways serving as access to a location that connect to cannot be used for addressing purposes.
   125.41(B)(1)(s)   Other such information as required by the .
   125.41(B)(2)   Additional submission requirements. In addition to the site plan, the following items shall be included:
   125.41(B)(2)(a)   Survey. A survey that is dated less than one year from the submittal of the site plan application and prepared by a Florida Professional Surveyor and Mapper, certified as to meeting the requirements of the applicable section of the Florida Administrative Code, reflecting existing natural features, such as topography, vegetation, existing paving, existing , and water bodies.
   125.41(B)(2)(b)    plan and irrigation plan.   plan and irrigation plan with landscape calculations, existing with indication of existing that will be preserved, as required herein.
   125.41(B)(2)(c)   Lighting plan. Lighting plan showing photometric measurements and spillage onto adjacent properties and , if applicable.
   125.41(B)(2)(d)    Plan.   plan, for all that will be on-site.
   125.41(B)(2)(e)   Elevations.
   125.41(B)(2)(e)1.   For administrative review site plans, a minimum 24-inch by 36-inch rendition of the elevations of all sides shall be submitted with the site plan. Any and electrical switchgear that is to be located on exterior wall planes of a multi-family residential or commercial Building that is visible from any , from pedestrian access ways, and from areas accessible to the general public shall be shown.
   125.41(B)(2)(e)2.   For review site plans, a minimum 24-inch by 36-inch color rendition of the elevations of all sides shall be submitted with the site plan. The rendition shall be placed upon an easel in the lobby of the place of the meeting at least 30 minutes prior to the commencement of the meeting where the site plan will be considered. In addition, 11-inch by 17-inch color renderings depicting the architectural design elements and theme for all sides of a   shall be submitted with the site plan. All sides of a   are required to possess similar architectural design elements and theme that is depicted on the primary side of the same   . Any and electrical switchgear that is to be located on exterior wall planes of a multi-family residential or commercial that is visible from any , from pedestrian access ways, and from areas accessible to the general public shall be shown.
   125.41(B)(2)(f)   Pavement markings and signing plan.
   125.41(B)(2)(g)   Schematic water and plan including the location and size of all mains and lift stations (Final engineering plans must be submitted and approved).
   125.41(B)(2)(h)   Paving and drainage plan showing location of all drainage features, and , if any.
   125.41(B)(2)(i)   Materials chart requirement for review site plans:
   125.41(B)(2)(i)1.   All for site plan approval, where applicable, shall create and present to the , a materials chart, which shall consist of actual samples, indicating the color, type and the manufacturer’s name and identifying numbers of roofing materials, and the color, type and the manufacturer’s name and identifying numbers of paint, to be used in the project.
   125.41(B)(2)(i)2.   The shall maintain the materials chart until the issuance of the Certificate of Completion or the , and for such additional time as it may determine is necessary.
   125.41(B)(2)(i)3.   The shall also provide the with the information from the materials chart in written form, including the name of the manufacturer and the manufacture’s designation number for each item used on the materials chart. This sheet shall be attached to the site plan approval application and shall be incorporated as part of the application.
   125.41(B)(2)(j)   Applications submitted that utilize an existing approved site plan, or portion thereof, shall either include: a current “as built” or existing conditions survey delineating all , parking spaces and easements of record; or the certification of a surveyor, or architect, duly licensed by the , that the existing conditions are identical with those shown on the submitted site plan.
   125.41(B)(2)(k)   Other such information as required by the .
   125.41(C)   Review process for review site plans.
   125.41(C)(1)   The reviewing disciplines shall review the site plan and prepare comments for inclusion in a development review report to be issued at a regularly scheduled development review meeting.
   125.41(C)(2)   The shall discuss the development review report with the representatives of the reviewing disciplines and shall address all comments raised by the reviewing disciplines.
   125.41(C)(3)   Upon completion of the review of the site plan by the reviewing disciplines, the site plan shall be scheduled for the next available meeting.
   125.41(D)   Site plan amendments. Any change to an approved site plan shall be considered an amendment. The shall file an application for a site plan amendment with the . However, no application will be considered for property that is the subject of pending Code enforcement action by the or that has an unpaid Code enforcement lien unless the amendment to the site plan is necessary to cure the violation.
   125.41(D)(1)   Administrative review site plan amendments.
   125.41(D)(1)(a)   Any site plan amendment that meets all of the following criteria shall be considered an administrative review minor site plan amendment:
   125.41(D)(1)(a)1.   The amendment does not require modifications or deletion of any conditions of the original site plan approval or any approved amendments thereto.
   125.41(D)(1)(a)2.   The amendment does not rely on any shared parking analysis or cross parking agreement that has been performed or entered into more than five Years from the date of the site plan amendment application.
   125.41(D)(1)(a)3.   The amendment does not exceed 5% of the originally approved .
   125.41(D)(1)(a)4.   The amendment does not result in any increase in the of the .
   125.41(D)(1)(a)5.   The amendment does not require a variance or special exception approval.
   125.41(D)(1)(a)6.   The amendment does not result in a change to any of the elevations (except the addition of canvas awnings or the addition, deletion or modifications of windows or doors as long as the changes match the existing finishes).
   125.41(D)(1)(a)7.   The amendment does not change the location of any on the property.
   125.41(D)(1)(a)8.   The amendment does not alter the location of any points of ingress or egress from the .
   125.41(D)(1)(b)   Administrative review site plan amendments shall be reviewed by staff and may be approved by the . An may appeal the denial of a minor site plan amendment to the by paying the cost recovery fee for a full site plan review.
   125.41(D)(1)(c)    review site plan amendments. Any site plan amendment that does not meet the criteria for a administrative review site plan amendment shall be considered as a review site plan amendment. review site plan amendments shall be processed in the same manner as site plan applications.
   125.41(E)   Issuance of .
   125.41(E)(1)   Site Plans and site plan amendments that require approval. The adoption of a resolution by the shall be considered as the for site plans and site plan amendments that require Commission approval. Subsequent to the adoption of that Order, a site plan reflecting all conditions of site plan approval and referencing the resolution or order number must be submitted to the , which shall constitute the approved site plan. At that time, a final shall be stamped on the plans reflecting compliance with all conditions of site plan approval. Such stamp must be obtained within 180 days of adoption of the resolution approving the site plan. This time period may be extended for an additional 90 days upon approval of the . Notice for such an extension shall be the same as for the original site plan approval.
   125.41(E)(2)   Administrative review Site Plan. The approval of a administrative review site plan by the shall be considered the final for that plan. A final shall be stamped on the plans reflecting compliance with all conditions of site plan approval.
   125.41(F)   Effective period of site plan approval.
   125.41(F)(1)    review Site Plan. An approved review site plan shall be effective until the is completed except that if, after one from the date the site plan is approved by the a for a principal has not been issued and remains in effect, the site plan shall be null and void. For the purpose of this section, a for a principal shall cease to be in effect once required inspections have lapsed or once a certificate of completion or is issued. In those cases where a includes more than one principal and it is contemplated that the shown on a site plan will not be completed with a for a principal continuously in effect, approval by the of a phasing schedule must be obtained as part of the overall site plan approval. There shall be no extensions to this time frame. In the event that a natural or man-made disaster, act of God, or other such occurrence where the has to suspend the issuance of occurs during the one period to obtain a for a principal structure, the may grant an extension of the expiration of the one- period by the number of business days that the has suspended the issuance of plus up to 60 additional calendar days.
   125.41(F)(2)   Administrative Review Site Plan. An approved administrative review site plan shall be effective until the is completed except that if, after one from the date the site plan is approved by the a for a has not been issued and remains in effect, the site plan shall be null and void. There shall be no extensions to this timeframe. In the event that a natural or man-made disaster, act of God, or other such occurrence where the has to suspend the issuance of occurs during the one- period to obtain a for a principal structure, the may grant an extension of the expiration of the one period by the number of business days that the has suspended the issuance of plus up to 60 additional calendar days.
   125.41(G)   Conformity to recorded . If a site plan depicts land previously recorded by , the application for site plan approval or revised site plan approval shall conform to such .
   125.41(H)   Conformity to zoning regulations.   depicted in a site plan shall conform to all applicable zoning ordinances and regulations.
(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2012-05, passed 3-19-2012; Am. Ord. 2012-13, passed 8-20-2012; Am. Ord. 2018-15, passed 11-19-2018)
§ 125.42 UNITY OF TITLE OR COVENANT IN LIEU OF UNITY OF TITLE.
   An that proposes a site plan that includes multiple on a single property shall submit one of the following documents:
   125.42(A)   Unity of Title. A unity of title, approved for legal form and sufficiency by the , which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees or lessees and others presently or in the future having any interest in the property; or
   125.42(B)   Covenant in Lieu of Unity of Title. A declaration of restrictive covenants, approved for legal form and sufficiency by the , which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. To the extent applicable, the declaration shall contain the following necessary elements:
   125.42(B)(1)   The subject site will be developed in accordance with the approved site plan. No modification shall be submitted to the for approval without the written consent of the then (s) of the phase or portion of the property for which modification is sought.
   125.42(B)(2)   If the subject property will be developed in phases, that each phase will be developed in accordance with the approved site plan.
   125.42(B)(3)   In the event of multiple ownerships subsequent to site plan approval, that each of the subsequent shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the and such other party (parties) shall have executed and mutually delivered, in recordable form, an instrument to be known as an “easement and operating agreement” which shall contain, among other things:
   125.42(B)(3)(a)   Easements in the common area of each for ingress to and egress from the other ;
   125.42(B)(3)(b)   Easements in the common area of each for the passage and parking of ;
   125.42(B)(3)(c)   Easements in the common area of each for the passage and accommodation of pedestrians;
   125.42(B)(3)(d)   Easements for access roads across the common area of each to public and private roadways;
   125.42(B)(3)(e)   Easements for the installation, , operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such ;
   125.42(B)(3)(f)   Easements on each such for construction of and improvements in favor of each such other ;
   125.42(B)(3)(g)   Easements upon each such in favor of each adjoining for the installation, , maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations;
   125.42(B)(3)(h)   Easements on each for attachment of ;
   125.42(B)(3)(i)   Easements on each for overhangs and other overhangs and projections encroaching upon such from adjoining for marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
   125.42(B)(3)(j)   Appropriate reservation of rights to grant utility easements;
   125.42(B)(3)(k)   Appropriate reservation of rights to road and curb cuts;
   125.42(B)(3)(l)   Easements in favor of each such for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and
   125.42(B)(3)(m)   Appropriate agreements between the Owners of the several as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.
   In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as agreed to by the parties, to insure that even although the property may have several , it will be constructed, conveyed, maintained and operated in accordance with the approved site plan. Non-use variances created solely by separate ownerships, pursuant to this section, shall be waived.
   125.42(B)(4)   Duration and Release. The declaration of restrictive covenants shall be in effect for a period of 30 years from the date the documents are recorded in the public records of Broward County, Florida, after which time they shall be extended automatically for successive periods of ten years unless released in writing by the and the , acting for and on behalf of the , upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended.
   125.42(B)(5)   Enforcement. Enforcement of the declaration of restrictive covenants shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party.
(Ord. 2015-07, passed 3-16-2015)
DESIGN REQUIREMENTS
§ 125.50 OFF-STREET PARKING FACILITIES.
   125.50(A)   General design requirements. Internal site circulation shall follow a functional classification and hierarchical design criteria to assure that the movements between the , which is the high speed movement facility, and the , which is the terminal facility, are conducted in an efficient and orderly form. All streams of departing from the in a parking lot shall be assembled and delivered to an internal collector facility that combines them into a few concentrated streams which will then be connected to the at a few properly spaced access locations.
   125.50(B)   Functional elements of circulation system. Car , , driveways, and entrances are the basic functional elements of the circulation system. Additional elements, including but not being limited to perimeter roads, rear collector roads, service roads within the proposed , left turning lanes, right turning lanes, lights, roads in the immediately adjacent to the proposed may also be required.
   125.50(B)(1)    and .
   125.50(B)(1)(a)   The minimum size (in feet) of a space shall be as follows:
 
9 ft. x 18 ft.
standard space
9 ft. x 23 ft.
parallel space
10 ft. x 25 ft.
loading space
12 ft. x 18 ft.
handicap space
 
   125.50(B)(1)(b)   The design of parking areas and the required number of parking spaces shall be in conformance with the .
   125.50(B)(1)(c)   All required shall have direct and unobstructed access from a .
   125.50(B)(1)(d)   No shall be located within a driveway that connects directly to the external system, unless adequate vehicular are provided in accordance with § 125.52.
   125.50(B)(1)(e)   Access for emergency fire vehicles shall be in accordance with Fire Protection Standards.
   125.50(B)(1)(f)   All off-street parking areas shall be so arranged and marked as to provide for orderly safe loading, unloading, parking, and storage of vehicles with individual clearly defined with directional arrows and signs provided as necessary for Control.
   125.50(B)(1)(g)   Acceptable plans must illustrate that proper consideration has been given to the surrounding plan, volumes, proposed improvements, vehicular capacities, pedestrian movements, and safety. Plans for adequate pedestrian movements shall include that are accessible by disabled persons connecting existing or planned bus stops, bus bays, and bus shelters; and the   adjacent to the project. In addition, there shall be that are accessible by disabled persons connecting the   and the interior system or, in the case of multi-family residential or nonresidential , between the aislewalk and doorway entrance(s) to the (s). Where cross streets and driving aisles, proper curb drops and pavements markings delineating the cross walk shall be installed. Accessibility requirements shall be in conformance with the criteria outlined in the Florida Accessibility Code for   .
   125.50(B)(1)(h)   All parking areas shall be so arranged so that if there are ten or more contiguous along the same , the eleventh space shall be a landscaped peninsula consistent with the provisions of the Landscape Chapter. Other suitable solutions or innovative designs may be substituted when approved by the .
   125.50(B)(2)   Reserve and overflow parking regulations. Reserve and overflow parking shall be in conformance with the . Other suitable solutions or innovative designs may be substituted when approved by the .
   125.50(B)(3)   Driveways.
   125.50(B)(3)(a)   All shall provide connectivity to a driveway.
   125.50(B)(3)(b)   A parking lot which exceeds 60 shall be designed with at least one two-way directional driveway loop system connecting the entrance to the and the principal . Other innovative designs may be substituted when approved by the .
   125.50(B)(3)(c)   The minimum distance to a driveway, service drive, or from a shall be ten feet where there is no connection between the driveway and the .
   125.50(B)(3)(d)   Two-way driveways shall be a minimum of 24 feet wide. Required widths shall be increased according to vehicle type. Curves along driveways shall be of sufficient width to accommodate the anticipated design vehicle per AASHTO design criteria, particularly in industrial and commercial facilities.
   125.50(B)(3)(e)   One-way driveways shall be a minimum of 14 feet wide for private drives and 15 feet wide off of main Streets. Required widths shall be increased according to vehicle type. Curves along driveways shall be of sufficient width to accommodate the anticipated design vehicle per AASHTO design criteria, particularly in industrial and commercial facilities.
   125.50(B)(3)(f)   Any off-street parking facility shall have either driveway approaches of sufficient width to allow for two-way , or one-way driveways connected to aisles, parking areas or maneuvering areas in such a manner as to permit to both enter and leave the property, facing forward, at the same time. A driveway which is only wide enough for one-way shall not be used for two-way access.
   125.50(B)(3)(g)   Driving Aisles: Two-way driving aisles shall be a minimum of 24 feet wide. Two-way driving aisles located along the front of a retail center containing more than 50,000 square feet or that serve industrial comprising primarily of WB-40 design vehicles or larger shall be 30-feet wide. One-way driving aisles shall be a minimum of 14 feet wide, clearly marked for one-way . One-way driving aisle widths may be required to be 20 feet in width if needed for fire protection.
   125.50(B)(4)   Circulation design. A parking lot abutting a Broward County shall be designed for full circulation. A parking lot abutting a other than a may be designed for partial circulation.
   125.50(B)(5)   Parking and loading areas to be curbed.
   125.50(B)(5)(a)   Except for one-family and two-family , all parking and loading areas shall be constructed with raised curb or wheel stops. The raised curb shall be constructed in such a manner as to prevent vehicles from crossing or other pedestrian walkways, other than by means of an approved driveway approach. FDOT Type “D” or Type “F” curbing shall be utilized along all curbed sections where vehicular impact can be reasonably anticipated. This includes the following:
   125.50(B)(5)(a)1.   Entire perimeter of terminal and interior islands, including the side of contiguous to the adjacent parking spaces(s).
   125.50(B)(5)(a)2.   Along all turning radii, and along the first five feet of straight tangent extending beyond each turning radii.
   125.50(B)(5)(a)3.   Along the curbed sections of driveway connections to or connections to private collector systems.
   125.50(B)(5)(a)4.   Along all curvilinear curbed sections with a radius of curvature of 100 feet or less.
   125.50(B)(5)(b)    which abut landscaped areas, , , or property lines shall be designed with wheel stops or continuous curbing. The required wheel stops or curbing shall be located a minimum of two and one-half feet from any landscaped area, or property line.
(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2019-12, passed 9-23-2019)
§ 125.51 LOADING FACILITIES.
   125.51(A)   Truck loading and unloading areas are required for all and establishments which receive and/or ship materials or merchandise by truck. The number of loading spaces required shall be in conformance with the .
   125.51(B)   Off-street truck loading shall be required except as provided in subsection 125.51(D) below. The off-street loading facility shall be designed to accommodate both the parking of and maneuvering of the design vehicle exclusive of those areas designated for aisles, driveways, or .
   125.51(C)    shall be clearly marked with four-inch white diagonal lines, spaced 5.0 feet apart and at least one “No Parking Loading Zone” (MUTCD R7-6).
   125.51(D)   On-street loading shall be permitted on a local   abutting commercial and industrial . Where permitted, such on-street loading areas shall berth the design vehicle exclusive of the .
(Ord. 2010-21, passed 10-4-2010)
§ 125.52 VEHICULAR RESERVOIR AREAS.
   Adequate reservoir capacity shall be required for both inbound and outbound vehicles to facilitate the safe and efficient movement between the and the . An inbound reservoir shall be of sufficient size to ensure that vehicles will not obstruct the adjacent , the , and the circulation within the facility. An outbound reservoir shall be required to eliminate backup and delay of vehicles within the .
   125.52(A)   Design. A shall be designed to include a space of 12 feet wide by 22 feet long for each vehicle to be accommodated within the and so that vehicles within the do not block , , or driveways of off-street parking facilities.
   125.52(B)   Adjacent to . The number of vehicles required to be accommodated within a adjacent to a shall be in conformance with Table 2.
   125.52(C)   Adjacent to non-trafficway . All off-street parking facilities shall provide a at the point(s) of connection of a driveway with a . The for any residential other than detached, commercial or industrial shall accommodate at least 2% of the number of served by the driveway. For parking lots with fewer than 50 cars, the shall be able to accommodate at least one car.
TABLE 2: VEHICLE RESERVOIR AREA REQUIREMENTS
Type of Facility
Inbound Vehicles
Outbound Vehicles
Residential
TABLE 2: VEHICLE RESERVOIR AREA REQUIREMENTS
Type of Facility
Inbound Vehicles
Outbound Vehicles
Residential
Attendant parking
10% of the total parking capacity of the facility
1 space
Self-parking
5 spaces or 1% of the total parking capacity (use the greater figure)
1 space
Gatehouse (residential)
5 spaces*
1 space
Nonresidential
Attendant parking
10% of the total parking capacity of the facility
1 space
Self-parking
5 spaces or 1% of the total parking capacity (use the greater figure)
1 space
Ticket gate (ticket dispensing machine)
4 spaces minimum*
1 space
Cashier booth (tickets dispensed manually)
6 spaces minimum*
1 space
Gatehouse (commercial)
5 spaces or 1% of the total parking capacity (use the greater figure)
2 spaces
Note:   1 reservoir space is 12 ft. X 22 ft.
*   Requirements are subject to condition-specific queuing study, and may be greater than the number of spaces shown, subject to the approval of the .
 
(Ord. 2010-21, passed 10-4-2010)
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