Pursuant to the provisions of F.S. § 163.3174, the planning and zoning board of the city is hereby designated as the "local planning agency" for the city.

(Code 1979, ch. 21, § 3.2)

Charter reference— Planning and zoning board, art. V, § 4.

There shall be a city plan for the development of the city established by the city commissioners with a view to the general improvement and probable future growth and demands of the city, which plan shall take into consideration the following:

(1)

The extension of the city works into adjacent territory;

(2)

Improvements and changes in public utilities and lines of transportation by surface and water;

(3)

The location, width and grades of streets, avenues and highways in the city;

(4)

The development and improvement of waterfronts, seawalls, wharfs, docks, bridges;

(5)

The location and design of public buildings;

(6)

Municipal decoration and ornamentation; and

(7)

Establishment of and extensions and additions to the parks and recreation systems and any and all public improvements necessary.

(Code 1979, ch. 21, § 3.3)

The city comprehensive plan prepared under the requirements of F.S. §§ 163.3177 and 163.3178, as amended, is hereby adopted by the city commission.

(Code 1979, ch. 21, § 3.4)

Amendments to the city plan, or revisions thereof, may be accomplished in either of the following ways:

(1)

By approval of a majority vote of the electors of the city voting at a special election called for such purpose, by affirmative vote of the city commission that the proposed change is a matter of substance vitally affecting a great number of property owners within the city.

(2)

By recommendation by the affirmative votes of a majority of the city planning and zoning board and subsequent approval of a majority of the city commission after public hearing.

(Code 1979, ch. 21, § 3.5)

State Law reference— Comprehensive plan amendments, F.S. § 163.3184.

The purpose of this division is to establish procedures for the issuance of all development permits for the development of land within the city.

(Code 1979, ch. 21, § 1.1)

The mayor shall designate a paid city staff person to be responsible for the coordination, review, issuance and enforcement of development orders as set forth in this division. The designated party, the development review official, will be responsible for:

(1)

Accepting and processing applications for development permits.

(2)

Reviewing applications for completeness.

(3)

Initiating development review procedures and chairing the development review committee meetings.

(4)

Coordinating the review of applications for development permits.

(5)

Delineating areas of noncompliance with the city's development requirements.

(6)

Defining steps necessary to bring permit applications into compliance with development requirements.

(7)

Issuing development orders in compliance with the requirements and procedures of this division.

(Code 1979, ch. 21, § 1.2)

No application for a development permit for the development of land within the city shall be reviewed or development permit issued, except in compliance with the requirements and procedures set forth in this division.

(Code 1979, ch. 21, § 1.3)

Applications for final plat approval and applications for rezoning and developments of regional impact development orders shall be subject to major review. An application for a development permit requiring major review shall comply with the following:

(1)

The applicable provisions of this division.

(2)

The applicable provisions of the city's zoning ordinance as amended from time to time.

(3)

The applicable provisions of the city's adopted comprehensive plan and certified future land use element.

(Code 1979, ch. 21, § 1.3(a))

Any application for a development permit not requiring city commission or planning and zoning board approval shall be subject to minor review. All applications for development permits requiring minor review shall comply with the following:

(1)

The applicable provisions of this chapter.

(2)

The applicable provisions of the Florida Building Code, and Broward County Administrative Provisions, as may be amended from time to time, as adopted by the city.

(3)

Applications for a development permit subject to minor review that do not require review by the development review committee, pursuant to subsection 42-73(4), shall comply with all applicable requirements of this chapter.

(4)

The applicable provisions of the city's adopted comprehensive plan and certified future land use element.

(Code 1979, ch. 21, § 1.3(b); Ord. No. 2002-0812, § 4, 6-11-2002)

Notwithstanding any other provisions of this chapter, the following activities shall not require compliance with division 4 of this article and articles III and IV of this chapter:

(1)

Construction of bus stop shelters.

(2)

Sculptures, fountains, and other landscaping improvements unless within or abutting the right-of-way of regional and city roadways.

(3)

Interior alterations of a building not involving a change of use and additions to an existing single-family dwelling.

(4)

Diminution in size of a structure.

(5)

Demolition of a structure, provided that natural vegetation and natural resource areas are not disturbed.

(Code 1979, ch. 21, § 1.3(c))

(a)

Reasonable service charges, or fees, shall be collected for the administrative processing and review of applications for development permits submitted to the city for review and approval. The schedule of service charges, or fees, to be collected shall be established by resolution of the city commission and incorporated into the city administrative code.

(b)

In addition to the service charges and/or fees collected above, the city will impose a consultant fee for the various costs attributable to the use by the city of outside consultants for reviewing and processing development approval requests. Such consultant fee shall be equal to the various costs of the outside fee consultant time expended and actual expenses, including but not limited to advertising, xeroxing and long distance phone calls. The city will establish a schedule for initial deposits of the development approval applicants. A financial account will be established for each development approval application. Depending on the review process required, additional deposits may be required. The financial account will remain active during the development review period and extending for two months beyond the granting of a development order. At this time, any remaining funds will be returned to the applicant. The city and its outside consultants will maintain adequate financial records depicting charges of hours and expenses.

(Code 1979, ch. 21, § 1.3(d))

Any application for a development permit required or authorized under this Code shall require an effective development order to be granted by the development review official or the city commission prior to issuance of the development permit. The development review official shall be the central intake point for filing all applications and supporting documents for development permits. Except as otherwise provided in this section, the following procedures shall govern the review of applications for developments permits subsequent to filing.

(1)

Completeness of application. The development review official shall review the application for a development permit to determine its completeness. Within five working days after receipt, the development review official shall either accept the application if it is complete, or reject the application if it is incomplete and forward to the applicant a notice of incompleteness specifying the data missing from the application received. The determination of completeness in this subsection does not include the submission requirement set forth in subsection 42-196(a).

a.

If a notice of incompleteness is not sent, the application shall be deemed accepted for purposes of beginning the time limits of this section on the sixth working day after the filing of the application.

b.

If a notice of incompleteness is sent, the applicant may resubmit the application with the additional data required, in which event the development review official shall review the resubmitted application in the manner provided in this subsection for the original application.

(2)

Application review. Upon acceptance of an application for a development permit, the development review official will identify departments and affected agencies and or parties which should participate in the development review. The development review official shall forward a copy of the application and accompanying material to each identified party. Departments, agencies and parties considered for review include:

a.

City departments and or consultants: Police, fire, public works, building official, consultant engineer and consultant planner.

b.

County departments and agencies: Engineering division, traffic engineering division, office of planning, planning council, mass transit division, utilities division, water resources management division, county school board, soil conservation service, building and zoning enforcement division, county public health unit, county sheriffs office, fire marshal's office, environmental quality control board and soil conservation service.

c.

State, regional and federal departments and agencies: State department of transportation, state department of environmental control, state department of community affairs, state department of environmental control, state forestry division, South Florida Water Management District, South Florida Regional Planning Council, Florida Inland Navigation District and Army Corps of Engineers.

d.

Utility providers and adjacent cities: Florida Power and Light Company, Bell South Company, City of Pompano Beach, Deerfield Beach, Hillsboro Beach and the county.

(3)

Review responsibilities. A tabular form summarizing the development application, review, input desired and supporting information will be forwarded to each affected agency or department. Each reviewing agency will be requested to complete the tabular form and add any additional written comments and rec ommendations regarding the application for the development permit. Each review agency will be requested to return the tabular form to the development review official within 15 working days. The development review official may waive agency review, in whole or in part, under this section upon a determination that such a review is not required, information previously provided to the development review official is applicable to the subject development application, or a similar application review has already been made regarding the same land and no change in circumstances has occurred which necessitates further review.

(4)

Committee and board review. The mayor will appoint a development review committee which may consist of the following individuals: The public works director; the development review official; the assistant to the mayor, fire chief, city attorney (as needed), city planner (as needed) and the city engineer (as needed) and the mayor. Additional appointments can be made by the mayor as required. Applications for development permits shall be reviewed by the development review committee within 30 calendar days of acceptance of the application; provided, however, if the application is not subject to major review and is for development of fewer than four dwelling units or less than 2,000 gross square feet of nonresidential floor area, the development review official may waive review of the application by the development review committee, but the application shall be subject to review by those agencies that the development review official deems appropriate. The development review official will determine whether a formal development review committee meeting is required for the particular application at the time of completeness review as performed in subsection (1) of this section. If a formal meeting of the development review committee is not required, the individual development review committee members will provide written comments to the development review official. The technical recommendations of the development review committee will be forwarded to the planning and zoning board for final approval.

(5)

Meeting summary. Within ten working days of the development review committee's consideration of the application for a development permit, the development review official shall forward to the applicant a written review of matters discussed at the meeting regarding compliance with relevant regulations.

(6)

Amendment to application. An application for a development permit may be amended by the applicant after it has been accepted. The development review official shall examine the amendment at the point in the reviewing process at which it occurs to determine if any portion of the reviewing process must be repeated. If any such portion must be repeated, the development review official is authorized to extend the time limits prescribed in this section as long as necessary to undertake such additional review, but not to exceed 30 calendar days from the date that the amendment is received.

(7)

Required action by other county board or agencies. In the event this Code requires that a development permit not be issued until acted upon by some county board or agency other than the city commission, then the development review official shall forward the application for the development permit to such county board or agency for appropriate action prior to the issuance of a development order pursuant to subsections (8) and (10) of this section or the notification to an applicant that an application is ready to be presented to the city commission pursuant to subsection (9) of this section. The time limits of such subsections shall be extended to accommodate such additional board or agency action.

(8)

Minor review; development order. Upon receipt of a completed application for development permit subject to minor review, the development review official shall make a determination, based upon required agency reviews that:

a.

The application complies with the applicable standards and minimum requirements of this section, or that vested rights exist with regard to any noncompliance, in which case the development review official shall issue a development order granting the application;

b.

The application is not in compliance with the applicable standards and minimum requirements of this section, have been determined by the development review official to be reasonably necessary to ensure compliance with the applicable standards and minimum requirements of this section, and vested rights exist with regard to any noncompliance in which case the development review official shall issue a development order granting the application with such conditions; or

c.

The application is not in compliance with the applicable standards and minimum requirements of this section, in which case the development review official shall issue a development order denying the application. A development order denying an application shall include a statement of the basis for denial. A development order granting an application with conditions shall include a statement of such conditions and the basis therefor.

(9)

Major review; development review report and notice to applicant. Within 35 calendar days from the acceptance of the application for development permit subject to major review, the development review official shall compile the individual staff reports, prepare a written development review report with proposed findings and a recommendation, and forward a notification of preparedness to the applicant stating that the report is complete and the application is ready to be presented to the planning and zoning board. Any waiver granted under subsection (3) of this section and the reasons therefor shall be explained in the development review report.

(10)

Referral of applications to city commission.

a.

For applications subject to major review and city commission final approval, within 30 calendar days of issuance of the notification of preparedness, the applicant shall respond with a written authorization to proceed. If no written authorization is received within 30 calendar days, the application for development permit shall be deemed withdrawn. Upon receipt of written authorization from the applicant to proceed, the development review official shall submit the development review report from the development review committee and recommendation of the planning and zoning board for scheduling on the next available agenda of the city commission;

b.

If the application is subject to a minor review and the development review official believes there is a substantial question regarding the interpretation of this division as it applies to the application, the development review official may refer the matter to the city commission for a determination.

(11)

Major review; development order.

a.

At a regularly scheduled public meeting held within 35 calendar days of the initial presentation of an application to the city commission, the city commission shall review the application for conformity to this section and shall act upon the application. The city commission shall make one of the following determinations that:

1.

The application is in compliance with the applicable standards and minimum requirements of this division or that vested rights exist with regard to any noncompliance, in which case the city commission shall adopt a development order granting approval of the application;

2.

The application is not in compliance with the applicable standards and minimum requirements of this division, in which case the city commission shall adopt a development order denying the application;

3.

The application is not in compliance with the applicable standards and minimum requirements of this division but conditions have been determined by the city commission to be reasonably necessary to ensure compliance with the applicable standards and minimum requirements of this division, and that vested rights exist with regard to any noncompliance, in which case the city commission shall adopt a development order granting approval of the application with such conditions; or

4.

The application is not in compliance with the applicable standards and minimum requirements.

b.

A final determination by the city commission under this subsection may be deferred beyond the 35 calendar day limit in subsection (11)a of this section if the city commission finds that available information is insufficient on which to base either approval or denial of a particular application and the city commission directs or has directed that a specific study commence to provide the city commission with information sufficient to form the basis on which to approve or deny the application and the study will be completed within a time certain, not to exceed six months from the date of the city commission's determination under this subsection. Provided, however, as a prerequisite to directing that a specific study commence to provide the city commission with information sufficient to form the basis on which to approve or deny a particular application, the city commission shall identify the inadequacy of the information available with respect to the application.

(12)

Reinstatement of development orders. An application denied in accordance with subsection (8)a or subsection (10)a of this section solely on the basis of inadequacy of the regional transportation network may be reinstated provided that all of the following conditions are met:

a.

The applicant, within seven calendar days of the denial, notifies the development review official of an intention to develop an action plan, and pays any appropriate fees established by the city commission for the review of an action plan.

b.

The applicant submits a complete action plan, as de fined in guidelines approved by the city commission, to the development review official within 125 calendar days from the notification of intent to develop an action plan.

1.

The development review committee shall, within 15 working days, review the action plan, and provide the applicant with its recommendations.

2.

The applicant, within ten working days of the issuance of the development review committee recommendation, shall either:

i.

Provide the development review official with a written authorization to proceed to the next available planning and zoning board meeting with the proposed action plan, and the proposed plat if the development order is for a plat; or

ii.

Submit a revised action plan to the development review committee. Within ten working days of the resubmittal, the development review committee shall issue a revised report. Within ten working days of issuance of the revised report, the applicant shall provide the development review official with a written authorization to proceed to the next available planning and zoning board meeting with the proposed action plan and the proposed plat if the development order is for a plat.

3.

Failure by the applicant to meet the time frames of subsections (12)b.2.i and ii of this section shall constitute withdrawal of the notification of intent to develop an action plan. For an application reinstated under this provision, the development review official shall submit the previous development review report and planning and zoning board findings, amended by the approved action plan, for scheduling if the application is for plat approval. The city commission shall consider the application for plat approval based on the conditions which existed at the time of the denial, except for the provisions of the approval action plan. The development review official shall approve the application for a development permit subject to minor review based upon the conditions that existed at the time of the denial, except for the provisions of the approved action plan.

(13)

Effect of development order.

a.

Except as otherwise provided in this chapter, a development order shall remain effective for a period of 18 months from the date of its adoption.

b.

No development permit shall be issued except pursuant to an effective development order.

c.

No development permit shall be issued for a development which is inconsistent with the development order governing such development.

(14)

Vested rights.

a.

Existing agreements giving rise to vested rights. The city recognizes that certain property owners or developers may have claim to a vested rights based upon agreements with the city entered into prior to April 18, 1989, the adoption date of the 1989 city comprehensive plan. The city recognizes that such rights would arise in a circumstance where:

1.

All regional roads.

i.

The agreement provided for the developer to undertake or fund a road improvement which exceeded the developer's obligation under any plat approval;

ii.

The agreement contains language or evidences the intent that construction of the road improvement would satisfy the obligation to ensure the adequacy of the regional road net work with regard to specified development on a described parcel which was not undergoing platting; and

iii.

The developer acted in reliance upon the agreement and is not in default of the provisions of the agreement.

2.

Specific road segment.

i.

The agreement provided for the developer to undertake a road improvement which is unrelated to plat approval;

ii.

The developer did not receive payment or credit for such improvement since it was determined that the road would be required to provide safe and adequate access to the unplatted property;

iii.

The developer constructed the road to service his development without any compensation; and

iv.

In such circumstances the vested trips on the road segment constructed by the developer shall not exceed the lesser of: The number of trips the road improvement can accommodate at Level of Service D or the number of trips generated on the segment by the intensity or density of development specified in the agreement.

b.

Entitlement to impact fee credits pursuant agreement. Entitlement to impact fee credits pursuant to an agreement shall not, of itself, constitute a basis for vesting a development or the trips represented by the impact fee credits.

c.

Additional circumstances. It is recognized that there may be additional circumstances where some vested rights have arisen which are not specified in subsections (14)a or b of this section.

d.

Procedure for claiming vested rights.

1.

Any property owner or developer may seek a vested rights determination regarding a specific unplatted parcel for which additional intensity or density is sought.

2.

Requests for vested rights determination shall be made on forms provided by the development review official. The developer shall be required to state the parcel for which the vested rights determination is sought, the basis for the vested rights claim, and shall provide a copy of the agreement or other document which the developer asserts gives rise to a vested rights determination.

3.

After the developer has submitted a complete application for a vested rights determination to the development review official it shall be forwarded to the city's attorney for review.

4.

A hearing officer shall be appointed by the city commission to conduct an administrative hearing regarding the vested rights determination. The hearing shall be set for no later than 60 days from the date of application unless an extension of time is requested or agreed to by the applicant.

5.

The city attorney shall represent the city in the administrative hearing. The hearing officer shall determine whether the vested rights have been created pursuant to statute or established case law.

6.

If the city's attorney, any time before the hearing, reviews the application and finds that the application has provided clear evidence that vested rights claimed by the developer exist, the city attorney and the applicant may stipulate to the existence of vested rights. Such stipulation shall eliminate the need for a determination by the hearing officer.

7.

If vested rights are stipulated to or found by the hearing officer, the trips attributable to such vested rights shall be placed within the county TRIPS system and shall be available to the benefitted property for a period of five years.

8.

A determination by the hearing officer that vested rights have not arisen shall be determined to be a final decision of the county.

(Code 1979, ch. 21, § 1.4)

An application for development permit in the city must comply with the following requirements:

(1)

Adequacy of regional road network. The adequacy of the regional transportation network shall be determined based upon conditions at the time the final plat or site plan application is submitted in accordance with the following provisions:

a.

Level of service (LOS). For the purpose of issuing development permits, the level of service for roadways in the city is as follows:

1.

U.S. 1 (north of Sample Road); LOS "D"

2.

U.S. 1 (south of Sample Road): Maintain collector roadways:

i.

LOS "C"—Average annual daily traffic.

ii.

LOS "C"—Peak season daily traffic.

iii.

LOS "C"—Peak hour daily traffic.

b.

Measurement of capacities. The procedure for the initial measurement of highway capacities is the state department of transportation Table of Generalized Daily Level of Service Maximum Volumes dated January 1, 1989, for use by local governments from January 1989 to December 1990. Alternately, highway capacity may also be determined through a detailed traffic engineering study of local conditions of traffic flow, field conditions and traffic operations. Such studies shall be technically developed and comply with proper and recognized traffic engineering procedures. All studies shall be evaluated by the city, and/or other parties as the city designates, for acceptability. In instances where the city finds that the study does not comply with proper and recognized traffic engineering procedures, the study results will not accepted.

c.

Development subject to adequacy determination.

1.

For plats and replats, site plans or building permits where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development of previously vacant land except that specified in subsection (1)c.3 of this section shall be subject to adequacy determination.

2.

For plats and replats, site plans or building permits where the property is unplatted or was platted, with plat approval received before March 20, 1989, all development of previously improved lands shall be subject to an adequacy determination for the additional trips to be generated by the development specified in the proposed note on the plat and the trips generated by any existing development. Existing development shall be construed to include previous development demolished no earlier than 18 months previous to the date the final plat is submitted, or the application for a site plan or building permit approval is submitted.

3.

For a replat, or an amendment to a note on a plat, or a requirement to place a note on a plat, where property was platted after March 20, 1979, an adequate determination shall be required for those additional trips that equals the difference between the previous plat and the replat; or the previous note and the proposed amendment to the note; or the development approved by the city commission at the time of the plat approval and the proposed note to be placed on the plat.

d.

Traffic study required. All development applications, except for development applications where the traffic generation of new trips is less than 1,000 trips per day, shall submit a study identifying the traffic impact of the proposed development. The city may also require traffic impact studies from development applications with less than 1,000 new trips per day in instances where existing traffic conditions warrants specific study.

The traffic impact study shall identify existing traffic volumes and existing level of service for average daily, peak hour and peak season daily conditions. The study area shall include the entire city. The study shall identify the project's daily and peak hour trip generation, trip distribution and traffic assignment. An analysis of peak hour turning movements at project entrances shall be provided. Traffic conditions at project build-out shall be identified including existing traffic, background traffic and project traffic. The impact of the project traffic on the operating condition of U.S. 1 shall be identified. The impact of the project on the level of service of city collectors shall also be assessed. An evaluation of the need for traffic improvements at project entrances and at other roadway locations shall be provided.

e.

Required determination.

1.

Before a development permit is approved, the following findings shall be made:

i.

The proposed development will not lower the level of service of arterials and collectors below the adopted levels. This includes U.S. 1 (north of Sample Road) below LOS "D" and U.S. 1 (south of Sample Road) LOS below the existing operating condition and city collectors below LOS "C" for average annual daily traffic (AADT), peak season daily traffic (PADT) and peak hour (PKHR).

ii.

In instances where the proposed development will lower the level of service of city arterials and collectors below the adopted level of service, the necessary improvements to provide the adopted level of service are under construction at the time a permit is issued, or are subject of an executed contract with a road contractor for immediate construction, or the necessary improvements are provided in an enforceable development agreement and will be available prior to certificates of occupancy, or the necessary improvements are included in the city, the county or state department of transportation annual work program or capital improvement program.

iii.

In instances where the existing level of service of city arterials and collectors are below the adopted level of service, the necessary improvements to provide adopted level of service are under construction at the time a permit is issued, or are subject of an executed contract with a road contractor for immediate construction, or the necessary improvements are provided in an enforceable development agreement and will be available prior to certificates of occupancy, or the necessary improvements are included in the city, the county or state department of transportation annual work program or capital improvement program or there is an approved action plan to accommodate the traffic impact of the development.

iv.

The development is found to have vested rights.

2.

Dedication of right-of-way for city arterials and collectors. The trafficways on the county trafficways plan and delineated trafficways plan approved by the county commission which are described on the city's land use plan map and traffic circulation element, which are located within the area proposed to be developed, shall be conveyed to the public by dedication on the face of the plat, deed or, if acceptable to the city and county, by grant or easement.

f.

Satisfaction of Broward County Concurrency Standards. The burden shall be on the applicant to demonstrate compliance with the standards detailed in this section. If applicable, the development application shall be reviewed to ensure that the proposed development satisfies the Broward County Concurrency Standards for the Regional Road Network as outlined in section 5-182(a) of the Broward County Land Development Code, as amended from time to time. The applicant shall provide the necessary documentation from Broward County demonstrating satisfaction of these requirements. The applicant may choose to satisfy the transportation concurrency requirement by making a proportionate share contribution to an eligible transportation project located within Northeast Concurrency District, pursuant to the requirements set forth in section 5-182(a)(5)(a) of the Broward County Land Development Code as amended from time to time, and F.S. § 163.3280 as amended from time to time.

(2)

Access to trafficways. A final plat of lands which abut or contain an existing or proposed trafficway shall be designed to facilitate the safe and efficient movement of vehicles between the trafficway and the proposed development and shall comply with the following standards and requirements:

a.

Street capacities shall be determined by the standards established by the Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council, Washington, D.C.

b.

The geometric design of city arterials shall conform to the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, prepared by the state department of transportation.

c.

Trafficways shall conform to the criteria and characteristics established by and shown on the county trafficways plan.

d.

At intersection of city arterials and collectors, a chord shall be drawn between the trafficway rights-of-way. This additional area shall be dedicated or provided by easement for traffic control equipment. At the intersection of arterials the chord shall be based on a 35-foot radius, at the intersection of collectors the chord shall be based on a 30-foot radius.

e.

A nonvehicular ingress and egress line shall be delineated along the trafficways corridor except at those points of access not in conflict with the standards provided within this article.

f.

Left-turn or right-turn lanes, or both and bus pullout bays, may be required dependent on the traffic study submitted in subsection 42-91(1)d.

g.

Sidewalks adjacent to the development may be required pursuant to section 42-143.

h.

Ingress and egress easements may be required in order to provide joint-use driveways for adjacent properties, pursuant to subsection 42-145(9)b.4.iii.

i.

Additional right-of-way shall be conveyed to the public by dedication on the face of the plat, by deed, or, if acceptable to the county, by grant of easement which is necessary for the ultimate construction of turn lanes, bicycle facilities, sidewalks, bus pullout bays, bus shelters, or roadway drainage facilities as required pursuant to article II, division 4, subdivision II, of this chapter.

(3)

Adequacy of water management.

a.

The proposed development shall be designed to provide adequate areas and easements for the construction and maintenance of a water management system to serve the proposed development and adjacent public rights-of-way in a manner which conforms to sound engineering standards and principles, and which will be provided in accordance with applicable provisions of this Code and the local agency having water management review and permitting authority over the area.

b.

The development order shall require that the applicant for a building permit demonstrate prior to the issuance of the building permit within the development that the following levels of service standards, where applicable, will be met prior to the issuance of a certificate of occupancy.

1.

Building elevation. The lowest floor elevation for buildings shall be no lower than the elevation for the respective area depicted on the "100-Year Flood Criteria Map."

2.

Off-site discharge. Off-site discharge is not to exceed the inflow limit of South Florida Water Management District primary receiving canal or the local conveyance system.

3.

Storm sewers. The design frequency applicable to storm sewers is the three-year rainfall intensity of the state department of transportation Zone 10 rainfall curves.

4.

Floodplain routing. Calculated flood elevations based on the ten-year and 100-year return frequency rainfall of three-day duration shall not exceed the corresponding elevations of the ten-year "Flood Criteria Map" and the "100-Year Flood Elevation Map."

5.

Antecedent water level. The antecedent water level is the higher elevation of either the control elevation or the elevation depicted on the map "Average Wet Season Water Levels."

6.

On-site storage. Minimum capacity above antecedent water level and below floodplain routing elevations shall be design rainfall volume minus off-site discharge occurring during design rainfall.

7.

Best available management practices. Prior to discharge to surface or groundwater, best available management practices will be used to reduce pollutant discharge.

(4)

Adequacy of potable water service.

a.

Potable water service must be available prior to a certificate of occupancy to provide for the needs of the proposed development at the level of service of 200 gallons per year round resident person per day. The proposed development shall be designed to provide adequate areas and easements which may be necessary for the installation and maintenance of a potable water distribution system which will meet all applicable building, health, and environmental regulations, including F.A.C. ch. 62-555.

b.

A finding that potable water service is available at the adopted level of service must be based upon a demonstration that an existing water treatment facility has sufficient plant and network capacity to provide for the potable water needs of the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which potable water treatment capacity has been reserved. If potable water service is not available, but will be made available, any development order shall be conditioned on such availability. A finding that potable water service will be made available at the adopted level of service must be based upon a demonstration that there is a fiscally feasible plan to construct or expand a water treatment facility which will have sufficient plant and network capacity to provide for the potable water needs of the development proposed by the application prior to the issuance of certificates of occupancy for that development, and for other developments in the service area, which are occupied, available for occupancy, for which building permits are in effect or for which potable water treatment capacity has been reserved.

c.

An agreement will be required between the county (or if applicable Pompano Beach) and the developer prior to the issuance of a building permit to provide for the expansion of water treatment facilities necessary to service the proposed development. City or county commission approval of an application for plat approval shall not be construed to effect a reservation of potable water plant or network capacity, or a commitment to provide service.

(5)

Adequacy of wastewater treatment and disposal services.

a.

Wastewater treatment and disposal services must be available prior to occupancy to provide for the needs of the proposed development at the adopted level of service of 150 gallons per year-round resident per day. The proposed development shall be designed to provide adequate areas and easements which may be necessary for the installation and maintenance of a wastewater disposal system which will meet all applicable health and environmental regulations.

b.

A finding that wastewater treatment and disposal services are available at the adopted level of service must be based upon a demonstration that an existing wastewater treatment and disposal facility has sufficient plant and network capacity to provide for the waste water treatment and disposal needs of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which wastewater treatment or disposal capacity has been reserved. If existing capacity is unavailable, conditional approval may be granted if it is shown that there is a fiscally feasible plan to construct or expand a wastewater treatment and disposal facility which will have sufficient plant and network capacity to provide for the treatment and disposal needs of the development proposed by the application prior to the issuance of certificates of occupancy for that development, and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which wastewater treatment or disposal capacity has been reserved.

c.

An agreement will be required between the county and the developer prior to the issuance of a building permit for the expansion of water/wastewater treatment and disposal facilities necessary to service the proposed development.

d.

City or county commission approval of an application for plat approval shall not be construed to effect a reservation of wastewater capacity or commitment to provide service.

(6)

Adequacy of solid waste disposal sites or facilities.

a.

Solid waste disposal sites or facilities shall be available prior to occupancy to provide for the needs of the proposed development at the level of service of five pounds per year-round resident per day.

b.

A finding that solid waste disposal sites or facilities are available must be based upon a demonstration that existing solid waste disposal sites or facilities have sufficient capacity to provide for the solid waste disposal needs of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which solid waste disposal capacity has been reserved. If existing capacity is unavailable, conditional approval may be granted if it is shown that there is an economically and fiscally feasible plan to expand solid waste disposal site so that sufficient capacity will be available for the solid waste disposal of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which solid waste disposal capacity has been reserved.

(7)

Consideration of hazardous material disposal services and impact on air quality and wellfield protection. An application for a development permit shall be reviewed to determine the adequacy of hazardous material treatment and disposal services, as well as, the proposed development's impact on air quality and wellfield protection. Review shall be pursuant to the county environmental quality control board's code of regulations, and any other standards which may be adopted by the city commission by amendment to this division. An application for a development permit may be denied or approved, with appropriate conditions where the property is subject to a notice of violation of an environmental regulation by a county, state or federal agency, which violation the city commission determines makes all or part of the land unsuitable for development.

(8)

Adequacy of school facilities. An application for a development permit shall be reviewed to determine the adequacy of educational facilities to serve the needs of the future residents of the developed area.

(9)

Protection of air navigation. If the plat or site plan includes property subject to notice requirements of Federal Aviation Regulations (FAR) Part 77, Subpart B, development within the plat or site plan must receive an Federal Aviation Administration determination that it does not constitute a hazard to air navigation or require operational modifications to the airport to avoid such a hazard. The note on the plat or site plan shall specify this restriction.

(10)

Conformity to the land use plan. The development of land within the city shall conform to the county land use plan, or the city's future land use element as certified by the county planning council.

(11)

Design of development. The design of a final plat shall be consistent with the site development plan requirements of article II, division 4, of this chapter.

(12)

Adequacy of solid waste collection service. Solid waste collection service will be available prior to occupancy to provide for the needs of the proposed development.

(13)

Adequacy of fire protection service. Fire protection service will be adequate to protect people and property in the proposed development. A finding that adequate fire protection service is available shall be based upon a determination that all proposed development meets the requirement that water supply facilities either existing or proposed to be constructed by the developer shall be adequate to meet the fire protection needs of the proposed development.

(14)

Adequacy of police protection service. Police protection service will be adequate to protect people and property in the proposed development.

(15)

Adequacy of local parks and recreation facilities. Land suitable for residential development pursuant to the applicable land development regulations shall be designed to provide for the park, open space and recreational needs of future residents of the developed area.

(16)

Historic preservation. An application for development permit shall be reviewed to determine potential impacts to historical and archaeological sites that have been designated by the city commission. The review shall also provide recommendations for mitigating adverse impacts during and after development.

(Code 1979, ch. 21, § 2.1; Ord. No. 2006-868, § 2, 12-18-2006)

(a)

Notation on the face of the plat. The face of each recorded plat shall bear a notation indicating the developmental level at which the plat was reviewed and approved for adequacy of required services and facilities pursuant to this division. The notation shall include the following language:

This note is required by city and the county and may be amended by approval of the city and the board of county commissioners.

(b)

Notation amendment. The notation and any amendments thereto are solely indicating the approved development level for property located within the plat and do not operate as a restriction in favor of any property owner including an owner or owners of property within this plat who took title to the property with reference to this plat.

(1)

An application for a change to the notation on the face of a plat may be granted if the city and the board of county commissioners make a determination that the amendment is consistent with the terms of this section.

(2)

The applicant for a change to the notation on the face of a plat shall be required to execute or provide such documents as determined necessary to amend the notation.

(3)

Failure to comply with the conditions, established by the city and the board of county commissioners as a prerequisite to recording an amendment to the notation on the face of a plat, within six months of the date on which the amendment is approved shall result in the expiration of the approval to amend the notation.

(c)

Impact agreement.

(1)

In lieu of the dedication of lands or the payment of fees in lieu of dedication as calculated under the specific standards of this subdivision, or if compliance with one or more sections of this subdivision can be insured only if the nature and scope of the proposed development is identified by means other than that provided in subsection 42-92(a), any applicant may propose to enter into an impact agreement with the city and or county designed to establish just and equitable fees or their equivalent and standards for service needs appropriate to the circumstances of the specific development proposed.

(2)

Any agreement proposed by a developer pursuant to this subsection shall be presented to the county commission prior to the issuance of a development order. Any such agreement may provide for execution by mortgagees, lienholders or contract purchasers in addition to the land owner, and may permit any party to record such agreement in the official records of the county. The county commission shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities in a just and equitable manner, consistent with the principles set forth in Contractors and Builders Association v. City of Dunedin, 329 So. 2d 314 (Fla. 1976).

(d)

Installation of improvements.

(1)

All improvements required from the developer as a condition to the approval of an application for a development order shall be installed and completed before the issuance of a development permit. Any water, sewer or drainage improvements proposed or required to be constructed within the proposed right-of-way shall be installed and completed before acceptance of any proposed or required road improvements by the city.

(2)

As an alternative to all required improvements being installed and completed prior to the issuance of a development permit, and provided that all other applicable requirements of this subdivision are met, the applicant shall provide, in a form acceptable to the city commission, a cash bond, a surety bond executed by a company authorized to do business in the state, an agreement between the developer and the appropriate local governmental unit with sufficient assurances that the improvements will be completed, or an irrevocable letter of credit, in sufficient amount to ensure the completion of all required improvements, and providing for and securing to the public the actual construction and installation of such required improvements within a reasonable period of time or before issuance of building permits or certificates of occupancy as required by the city commission and expressed in the bond or other security.

(Code 1979, ch. 21, § 2.2)

(a)

Required. Approval by the development review committee and planning and zoning board of a final site plan is required prior to any development of land of the city.

(b)

Exempt development. Notwithstanding any other provision of this division, the following activities shall not require compliance with this section, unless referred for site plan review by the city's building official or zoning administrator pursuant to subsection (c):

(1)

The deposit and contouring of fill on land.

(2)

Implementation, by a governmental entity, of a water management plan approved by the city commission, as such plan relates to an approved development of regional impact (not conceptual development of regional impact).

(3)

Construction of a single-family home on an existing single-family lot (RS-3 and RS-5 districts).

(4)

Construction of a duplex on an existing single lot (RD-10 district).

(c)

The city's building official or zoning administrator may refer a development otherwise exempt under subsection (b) for site plan review when the application reveals a construction method, construction materials, or design of an unusual or unique character, or so rarely used in the city such that the site plan review would be appropriate to avoid a development inconsistent with the character of the city's existing development.

(Code 1979, ch. 21, § 4.1; Ord. No. 2008-874, § 2, 4-22-2008)

(a)

Necessity of filing. If the location, design, size, impact or other special problem of a proposed development warrants, the development review official may require an applicant to file an application for preliminary site plan review prior to filing an application for final site plan approval. In all other cases, an applicant has the option of filing an application for conceptual site plan or preliminary site plan review prior to filing an application for final site plan approval.

(b)

Procedures. An application for conceptual or preliminary site plan review shall be filed and processed pursuant to subsections 42-73(1) through (5).

(c)

Submission requirements; conceptual site plan. A conceptual site plan shall include the following:

(1)

Legal description.

(2)

Schematic representation of proposed use.

(3)

Schematic representation of major vehicular circulation within the site.

(4)

Schematic representation of points of connection to the public right-of-way.

(5)

Schematic representation of drainage system, including retention areas, swales and direction of drainage flow.

(6)

Computation of proposed number of dwelling units and the total acreage for residential use and approximate square footage of building for nonresidential use.

(7)

Indication of type of water and sewage disposal to be used.

(d)

Submission requirements. Preliminary site plan. An application for preliminary site plan review shall include a development plan, the overall size of which shall be 24 inches by 36 inches, drawn to scale, not smaller than one inch equals 50 feet, and shall include the following:

(1)

Legal description.

(2)

Site boundaries clearly identified, and ties-to-section corners.

(3)

A survey prepared by a state registered land surveyor, certified as to meeting the requirements of F.A.C. ch. 61G17-6, reflecting existing natural features, such as topography, vegetation, and waterbodies. Any existing structures and paved areas which will remain on the property after construction shall be included in the survey.

(4)

Proposed land uses.

(5)

Location and height of all structures and total floor area with dimensions to lot lines, and designation of use.

(6)

Building separations.

(7)

Vehicular circulations system for cars, bicycles and other required vehicle types, with indication of connection to public rights-of-way. Location of all parking and loading areas.

(8)

All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements.

(9)

Pedestrian circulation system.

(10)

Provider of water and wastewater facilities.

(11)

Existing and proposed fire hydrant locations and water main sizes.

(12)

The following computations:

a.

Gross acreage.

b.

Net acreage. Gross acreage covered by the property excluding road easements and rights-of-way, if any.

c.

Number of dwelling units and density for residential uses only.

d.

Square footage of ground covered by buildings or structures and designation of use.

e.

Required number of parking spaces.

f.

Number of parking spaces provided.

(13)

Schematic representation of drainage system including retention areas, swales and direction of drainage flow.

(14)

Indication of existing native vegetation and portion that will be preserved.

(15)

Site plan location sketch.

(16)

Computation of pervious, with synthetic turf areas specifically identified, impervious, and paved surface, in square footage and percentage.

(17)

Geometry of all paved areas including centerlines, dimensions, radii and elevations.

(e)

Committee review. The development review committee shall review an application for conceptual or preliminary site plan review and shall discuss with the applicant any steps necessary to bring the application into compliance with the requirements for final site plan approval of this division.

(Code 1979, ch. 21, § 4.2; Ord. No. 2017-0957 , § 5, 1-9-2018)

(a)

Procedures. An application for final site plan approval shall be filed and processed pursuant to subsections 42-73 (1) through (10).

(b)

Submission requirements. An application for final site plan approval shall include a development plan, the overall size of which shall be 24 inches by 36 inches, drawn at a scale not less than one inch equals 50 feet and depicting the following:

(1)

All information required for a preliminary site plan.

(2)

Location of trash and garbage disposal system and provisions for accessibility to garbage trucks.

(3)

All pedestrian walks, malls, yards, open areas, curb cuts, driveways, parking areas, loading areas and the surfacing material used thereon.

(4)

Loading areas and provisions for accessibility to vehicles of the required type.

(5)

Areas for emergency vehicles and fire engines, and provisions for accessibility to vehicles of the required type.

(6)

Grades and contours, the location of all drainage features, and retention areas, if any.

(7)

Schematic water and sewer plans.

(8)

Elevations, preliminary floor plans and proposed uses of all building and structures.

(9)

Location, size, character, height and orientation of all signs intended to be used.

(10)

A landscape plan demonstrating compliance with applicable landscape regulations.

(11)

Lighting plans.

(c)

Review and approval. The development review committee and planning and zoning board shall review the application for final site plan approval for conformity to the requirements of this division and shall make one of the following determinations:

(1)

That the application meets the requirements of this division, in which case the development review committee and planning and zoning board shall approve the application for final site plan and the development review official or a designee, after receiving evidence of approval by the development review committee and planning and zoning board, shall indicate such approval by signing the final site plan. A final site plan signed by the development review official pursuant to this paragraph shall constitute a development order granting an application for final site plan approval.

(2)

That the application does not meet the requirements of this division in which case the development review committee and planning and zoning board shall direct the development review official to issue a development order denying this application.

(3)

That the application does not meet the requirements of this division but that the required changes to the application do not warrant filing a new application, in which case the applicant shall be allowed to submit a corrected site plan to the development review official within 30 calendar days of the meeting. At a meeting no later than the next regular meeting occurring at least ten working days after the corrected application has been filed, the development review committee and planning and zoning board shall act on the corrected application as provided in this subsection.

(4)

That the application does not meet the requirements of this division, but that the required changes to the application are of such a minor nature that an additional review by the development review committee and the planning and zoning board is not warranted, in which case the development review committee and the planning and zoning board shall approve the application for final site plan with specified conditions, and the development review official or a designee, after receiving evidence of approval by the development review committee and planning and zoning board, including conformance to the specified conditions, shall indicate such approval by signing the final site plan.

(d)

Review site plan. If an applicant's development plans change after previously receiving final site plan approval, the applicant may file an application for revised final site plan approval with the development review official. In such case, the procedures of this section shall be repeated; provided, however, that minor deviations from an approved final site plan may be approved by the development review official.

(e)

Conformity to recorded plat. If a final site plan depicts land previously recorded by plat, the application for final site plan approval shall conform to such plat.

(f)

Conformity to zoning regulations. Development depicted in a final site plan shall conform to all applicable city zoning ordinances and regulations.

(g)

Effective period of final site plan approval. A final site plan shall be effective until the development is completed except that if, after the expiration of one year from the date of approval by the development review committee, a period of 90 days occurs in which no valid building permit is in effect, the final site plan approval shall be null and void.

(Code 1979, ch. 21, § 4.3)

Development depicted in a site plan shall meet the requirements contained in this subdivision.

(Code 1979, ch. 21, § 4.4)

(a)

General design requirements. Internal site circulation shall follow a functional classification and hierarchial design criteria to assure that the movements between the public right-of-way, and parking stall, are conducted in an efficient and orderly manner. All streams of departing traffic from the parking stalls 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 public right-of-way at a properly spaced access location.

(b)

Functional elements of on-site circulation system. Car parking stalls, parking aisles, driveways, reservoir areas and entrances are the basic functional elements of the on-site circulation system. Additional elements, including but not being limited to perimeter roads, rear collector roads, service roads within the proposed development, left turning lanes, right turning lanes, traffic lights, frontage roads in the public right-of-way immediately adjacent to the proposed development may also be required, pursuant to this division.

(1)

Parking stalls and aisles.

a.

The minimum size (in feet) of a parking stall space shall be as follows:

1.

Nine feet by 18 feet—standard space.

2.

Ten feet by 23 feet—parallel space.

3.

Ten feet by 25 feet—loading space.

4.

Twelve feet by 18 feet—handicap space.

b.

A standard parking stall shall be nine feet wide by 18 feet deep.

c.

All required parking stalls shall have direct and unobstructed access from a parking aisle unless waived by the development review committee and planning and zoning board.

d.

No parking stall shall directly abut a driveway unless waived by the development review committee and planning and zoning board.

e.

Access for emergency fire vehicles shall be in accordance with fire protection standards.

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 parking stalls clearly defined with directional arrows and traffic signs provided as necessary for traffic control.

g.

Acceptable plans must illustrate that proper consideration has been given to the surrounding street plan, traffic volumes, proposed street improvements, vehicular street capacities, pedestrian movements and safety.

h.

All parking areas shall be so arranged so that if there are ten or more contiguous parking stalls along the same parking aisle, the 11th space shall be a landscaped peninsula a minimum of five feet in width. Other suitable solutions or innovative designs may be substituted when approved by the development review committee and planning and zoning board.

(2)

Driveways.

a.

All parking aisles shall connect to a driveway,

b.

A parking lot which exceeds 60 parking stalls shall be designed with at least one two-way directional driveway loop system connecting the entrance to the parking stalls and the principal building. Other innovative designs may be substituted when approved by the development review committee and planning and zoning board.

c.

The minimum distance from a driveway, service drive, parking stall, or parking aisle, to a structure or property line shall be five feet, except at a drive-in teller or pickup window. The minimum distance to a driveway, service drive or parking aisle from a right-of-way shall be ten feet where there is no connection between the driveway and the street.

d.

Two-way driveways shall be a minimum of 24 feet wide. Required widths shall be increased according to vehicle type or if the number of parking stalls connected or the number of trips generated justifies such increase.

e.

One-way driveways shall be a minimum of 15 feet wide. Required widths shall be increased according to vehicle type or if the number of parking stalls connected or the number of trips generated justifies such an increase in width.

f.

Any off-street parking facility shall have either driveway approaches of sufficient width to allow for two-way traffic, or one-way driveways connected to aisles, parking areas or maneuvering areas in such a manner as to permit traffic to both enter and leave the property, facing forward, at the same time. A driveway which is only wide enough for one-way traffic shall not be used for two-way access.

g.

Driving aisles: Two-way driving aisles shall be a minimum of 24 feet wide; one-way driving aisles shall be a minimum of 12 feet wide, clearly marked for one-way traffic.

(3)

Circulation design. A parking lot abutting a trafficway shall be designed for full circulation. A parking lot abutting a street other than a trafficway may be designed for partial circulation.

(4)

Parking and loading areas to be curbed. Except for one-family and two-family dwellings, all parking and loading areas shall be constructed within a six-inch raised curb or bumper blocks located a minimum distance of seven feet behind the street right-of-way line and other property lines along sidewalks, safety islands, driveways, sight distance triangles, and other places as needed unless determined to be unnecessary by a finding of the city that given the particular circumstances of the site such curb can be eliminated in certain areas without creating safety hazards. The raised curb shall be constructed in such a manner as to prevent vehicles from crossing sidewalks or other pedestrian walkways, other than by means of an approved driveway approach.

(Code 1979, ch. 21, § 4.4(a)(1))

(a)

Truck loading and unloading areas may be required for all buildings and establishments which receive and/or ship materials or merchandise by truck. The number of loading spaces will be (determined by the development review committee and planning and zoning board).

(b)

Off-street loading shall be required except as provided in subsection (c) of this section. 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 parking stalls.

(c)

On-street loading shall be permitted on alleys and on a local cul-de-sac street abutting commercial development. Where permitted such on-street loading areas shall berth the design vehicle exclusive of the public right-of-way.

(Code 1979, ch. 21, § 4.4(a)(2))

(a)

Generally. Adequate reservoir capacity shall be required for both inbound and outbound vehicles to facilitate the safe and efficient movement between the public right-of-way and the development. An inbound reservoir shall be of sufficient size to ensure that vehicles will not obstruct the adjacent roadway, the sidewalk and the circulation within the facility. An outbound reservoir shall be required to eliminate backup and delay of vehicles within the development.

(b)

Design. A reservoir area shall be designed to include a space of 12 feet wide by 22 feet long for each vehicle to be accommodated within the reservoir area and so that vehicles within the reservoir area do not block parking stalls, parking aisles or driveways of off-street parking facilities.

(c)

Adjacent to trafficway. The number of vehicles required to be accommodated within a reservoir area adjacent to a trafficway shall be in conformance with the city's design standards.

(d)

Adjacent to nontrafficway street. All off-street parking facilities shall provide a reservoir area at the point of connection with a driveway with a public right-of-way. The reservoir area for any residential use other than single-family detached or commercial use shall accommodate at least one percent of the number of parking stalls served by the driveway. For parking lots with fewer than one 100 cars, the reservoir area shall be able to accommodate at least one car.

(Code 1979, ch. 21, § 4.4(a)(3))

(a)

Structures intended for principal uses shall be made accessible to the following types of vehicles:

(1)

Residential uses, other than single family or duplex: Single-unit truck (SU).

(2)

Commercial uses: Single unit truck and semi trailer (WB-40) combination intermediate.

(3)

Definitions of, as well as, required specifications for the above vehicle types shall be those found in AASHTO Geometric Highway Design.

(b)

All buildings other than single-family or duplex residences shall be accessible to fire apparatus from two sides. Fire engines shall be considered as a WB-40 as defined by the AASHTO Geometric Highway Design. The area required to meet the AASHTO design standards shall be paved or treated to ensure support to a 16-ton weight vehicle. This area shall be maintained free of trees and bushes and shall be clearly designated for this purpose.

(c)

Fire lanes shall be provided for all buildings or any part thereof which are setback more than 150 feet from the ultimate right-of-way line of a public road, or which exceed 30 feet in height and are set back more than 50 feet from the ultimate right-of-way line of a public road. Fire lanes shall be at least 20 feet in width with a minimum of ten feet provided between the fire lane and any adjacent building. Any dead-end road more than 300 feet long shall be provided with a turn around area at the closed end. The turn-around area shall be a minimum of 90 feet in diameter.

(d)

Required parking spaces, parking aisles and driveways shall not be used as loading or parking areas for any type of vehicle including emergency vehicles other than automobiles.

(Code 1979, ch. 21, § 4.4(a)(4))

(a)

Development adjacent to a trafficway shall comply with a ten-foot building setback requirement.

(b)

Any yard abutting a nontrafficway street shall be considered a front yard. The front yard requirement for any building construction along a nontrafficway shall be a minimum of five feet in depth measured from the ultimate right-of-way line where applicable.

(c)

Any fence or hedge which will cause a sight visibility obstruction within 100 feet of a driveway or cross street, which is to be installed along a nontrafficway collector street shall be setback a minimum of five feet from the ultimate right-of-way line of the collector.

(Code 1979, ch. 21, § 4.4(a)(5))

If a driveway connects development to a trafficway, or a street within a trafficway corridor, the provisions of subsection 42-145(9)b. shall apply. The following requirements apply to driveways connecting development to a nontrafficway corridor street.

(1)

Design requirements.

a.

The area within the development to which the driveway provides access shall be of sufficient size to allow all necessary functions for loading, unloading, and parking maneuvers to be carried out on private property and completely off the street right-of-way unless waived by the development review committee and planning and zoning board.

b.

The minimum distance from the ultimate right-of-way line at any ingress or egress driveway to any interior service drive or parking stall with direct access to such driveway shall be 22 feet.

c.

In the case of a main ingress or egress point to a public street or highway from a site of a major development that provides more than 1,000 trips per day such as a shopping center or multiple-family development the minimum distance from the ultimate right-of-way line of the driveway to any interior service drive or parking stall having direct access to such driveway shall be based on the amount of traffic utilizing the drive as determined by the development review committee and planning and zoning board.

(2)

Number and location of driveway entrances. In order to provide the maximum safety with the least interference to the traffic flow on public streets, and to provide ease and convenience in ingress and egress to private property, the number and location of driveways shall be regulated relative to the intensity or size of the property served and the amount of frontage which that property has on a given street as follows:

a.

One driveway shall be permitted for ingress and egress purposes to a single property or development.

b.

Two driveways entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum driveway spacing between the two driveways equals or exceeds 50 feet.

c.

Three driveways entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum driveway spacing between adjacent driveways equals or exceeds 100 feet.

d.

In general, not more than three driveways will be permitted from a single property or development. However, in the case of extensive property development (property exceeding ten acres in total land area and/or containing more than 1,000 parking stalls), additional driveways may be permitted provided all other requirements of this section are met and the minimum driveway spacing between adjacent driveways equals or exceeds 300 feet.

e.

The minimum driveway spacing between driveways on adjacent properties shall be 50 feet. This driveway spacing may be modified by the development review committee and planning and zoning board if a traffic engineering study acceptable to the city demonstrates that public safety will not be adversely affected by such modification.

(3)

Driveway entrance width according to type.

a.

Ramp-type or swale-type entrance. Except as provided in subsection (3)b of this section, all driveways shall be constructed with the standard ramp-type or swale type driveway entrance and shall conform to the width requirements in the city's design standards.

b.

Street-type driveway entrance. Construction of a street-type driveway shall be required for entrances of any development which includes a parking area for 300 or more vehicles or where the development anticipates substantial loading or trucking operations. Such driveway shall be a minimum width of 30 feet and a maximum width of 60 feet.

(4)

Limitations on driveway entrance improvements.

a.

There shall be a minimum of 15 feet of straight tangent length between a driveway and the radius return or chord of the ultimate right-of-way line of an intersection of local streets. At all other intersections the minimum straight tangent length shall be 50 feet.

b.

There shall be a minimum of 45 feet between the closest radius return of a driveway and the intersection of local street ultimate right-of-way lines. At all other intersections the distance shall be 80 feet.

c.

No driveway entrance shall include any public facility such as traffic signal poles, crosswalks, loading zones, utility facilities, fire alarm supports, meter boxes, sewer clean outs, or other similar type structures.

d.

Within the ultimate right-of-way limits, the maximum recommended driveway grade is approximately three percent. The maximum allowable grade is 4.2 percent or one-half inch per foot. The maximum slope immediately beyond the ultimate right-of-way line shall not change in excess of five percent for either angle of approach or break-over angle. Variations from these standards shall be permitted if adherence to these standards would cause incompatibility with existing swales.

e.

Existing driveways approaches shall not be relocated, altered, or reconstructed without approval for relocation, alteration, or reconstruction of such driveway approaches. When the use of any driveway approach is changed, making any portion or all of the driveway approach unnecessary, the developer of the abutting property shall obtain a permit to abandon the driveway approach and shall, at the developer's expense, replace all necessary curbs, gutters, swale areas and sidewalks.

f.

If the closest intersection involves two streets classified as arterial and collector, then traffic movements to and from any driveway within 125 feet of an intersection with an collector and 250 feet of an intersection with an arterial shall be limited to right turns only unless waived by the development review committee and planning and zoning board.

g.

No driveway shall be constructed prior to issuance of a permit for work in the right-of-way by the appropriate governmental agency.

(Code 1979, ch. 21, § 4.4(a)(6))

No obstructions of any type which are deemed unsafe by the state department of transportation or the city shall be left in the ultimate right-of-way as a result of any improvements in the ultimate right-of-way.

(Code 1979, ch. 21, § 4.4(a)(7))

(a)

Cross-visibility requirements at the intersection of driveways and public rights-of-way. If a driveway intersects a public right-of-way, there shall be no sight obstruction within a triangular area of property on both sides of a driveway formed by the intersection of each side of the driveway and the ultimate right-of-way line with two sides of each triangle being ten feet in length from the point of intersection and the third side being a line connecting the ends of the two other sides.

(b)

Cross-visibility requirements at pedestrian crosswalks and other areas of pedestrian concentration. If a crosswalk intersects a vehicular access aisle, driveway or an ultimate right-of-way, there shall be not sight obstruction within a triangular area of property on both sides of a crosswalk or walkway formed by the intersection of each side of the walkway and the ultimate right-of-way line or aisle with two sides of each triangle being ten feet in length from the point of intersection and the third side of the triangle being a line connecting the ends of the two sides.

(c)

Sight triangles.

(1)

Within the triangular areas described in subsections (a) and (b) of this section, it shall not be permissible to install, set out to maintain, or to allow the installation, setting out or maintenance of, either temporarily or permanently, any vehicular parking space, sign, wall, hedge, shrubbery, tree, earth mound, natural growth or other obstruction of any kind which obstructs cross-visibility at a level between 30 inches and eight feet above the level of the center of the adjacent intersection. Any wall or fence within the sight triangle must be constructed in such a manner as to provide adequate cross-visibility over or through the structure between 30 inches and eight feet in height above the driving surface.

(2)

The following will be permitted within the triangular area described above:

a.

Trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the area between 30 inches and eight feet above the level of the center of the adjacent intersection. Trees must be so located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than five feet from the edge of any roadway pavement, and three feet from the edge of any alley or driveway pavement.

b.

Fire hydrants, public utility poles, street markers and traffic control devices.

(Code 1979, ch. 21, § 4.4(a)(8))

A site connected to a street at any point within a trafficway corridor shall meet the design criteria, requirements and standards of subsection 42-135(b).

(Code 1979, ch. 21, § 4.4(a)(9))

A site connected to a street which is not within a trafficway corridor shall meet the design criteria, requirements and standards of subsection 42-135(c).

(Code 1979, ch. 21, § 4.4(a)(10))

(a)

The area covered by structures and impervious surface shall not exceed 75 percent for commercial and 75 percent for residential uses. For the purposes of this requirement all other uses, such as, but not limited to, utilities, transportation and office park, shall be included in the commercial category. In mixed use developments, the most restrictive of the applicable impervious area limitations shall be utilized.

(1)

Pervious areas may be used to satisfy requirements for landscaping and setbacks, buffer strips, drainfields, passive recreation areas, or any other purpose that does not require covering with a material that prevents infiltration of water into the ground.

(2)

In the case of the use of an impervious material which does not cover all the surface to which it is applied, credit towards the computation of the pervious area shall be given according to the percentage of pervious area that is retained.

a.

Pervious paving blocks may not be used within major driveways, loading zones, actively used parking stalls in commercial or industrial developments, or any other area that may cause a liability to the property owner.

b.

Pervious paving blocks may be used in overflow parking areas, park and recreation parking facilities, and residential areas. In all cases where the pervious paving blocks are used where pedestrian traffic is prevalent, the block voids shall be planted with a nonrunner species of grass such as, but not limited to, zoysia and bermuda grass.

(3)

In cases where the city zoning code allows some required parking stalls to be grassed, no credit towards the computation of pervious area shall be granted for such areas.

(4)

Upon demonstration by the applicant that special conditions peculiar to the location or physical characteristics of a particular site are present, or special conditions resulting from the design of existing facilities or surrounding land uses are present, the development review committee and planning and zoning board may permit variation from the impervious area standards, subject to the following limitations:

a.

Variation from the stated requirements shall be proportional to mitigating design improvements provided in excess of the minimum required engineering and landscaping standards. The impervious area shall not exceed 85 percent for commercial and 70 percent for residential uses.

b.

Mitigating design improvements may include the use of curvilinear berms to aid in screening; increased vegetation size and quantity, native species utilization, and preservation of existing significant vegetation to increase the quality of greenspace areas, the use of interlocking paving blocks along pedestrian walkways; and grassed retention basins and swales to aid in the filtration of storm water runoff.

(b)

Each proposed development shall include provisions for the application of best management practices to enhance retention areas such as grass ponds, grass swales, trench drains, or combinations thereof and shall meet all requirements of the applicable 208 Areawide Wastewater Treatment Management Plan.

(c)

Synthetic turf installation. Synthetic turf that is installed in conformance with the provisions contained in section 42-391 of the city's Code of Ordinances shall be considered a pervious surface for purposes of the calculations required in this section.

(Code 1979, ch. 21, § 4.4(a)(11); Ord. No. 2017-0957 , § 4, 1-9-2018)

(a)

Location. Sidewalks shall be constructed adjacent to all trafficways delineated on the county trafficway plan, as amended, and functionally classified county road, and local streets. Sidewalks shall be on both sides of the trafficway and functionally classified county roads, except when the development review committee and planning and zoning board approve an alternate pedestrian circulation plan submitted by the applicant, or the city commission waives the sidewalk requirements on one or both sides of the local street.

(b)

Dimensions. All existing and newly constructed sidewalks shall be at least five feet wide, unless located in the area of the city generally north of NE 45th Street, and shall be constructed of brushed concrete from lot line to lot line. The sidewalk shall be separated from the trafficway or street by a curb or swale. For those sidewalks located north of NE 45th Street, the sidewalks may be no less than four feet wide, and shall be constructed of brushed concrete.

(c)

[Replacement sidewalk.] With respect to those lots located north of NE 45th Street which currently have four foot wide sidewalks, in the event the owner of property desires to replace their sidewalk, the owner shall replace the sidewalk with a sidewalk four feet wide unless by the city's public works director determines that, in the interest of the health and safety of the residents of the city, the sidewalk should have a width of five feet, in which case the sidewalk shall be five feet wide.

(d)

Pedestrian barriers. The development review committee and planning and zoning board may require that a site plan indicate fences, hedges, berms, other landscaping, or other barriers on site plans in order to discourage pedestrians from crossing hazardous streets at unsafe points or at numerous points. When possible, sites shall be designated so as to promote pedestrian street crossings only at traffic-control signals, crosswalks or intersections.

(e)

[Sidewalk across driveway.] Where a sidewalk currently exists across a driveway, the sidewalk shall only be constructed of brushed concrete, and shall not be replaced with any other type of material. Any driveway being installed or constructed with material other than brushed concrete shall not extend into the area of the sidewalk located on the property from lot line to lot line.

(Code 1979, ch. 21, § 4.4(a)(12); Ord. No. 2001-794, § 2, 11-13-2001)

If a water or wastewater line to be maintained by the county or Pompano Beach Utilities Division, is to be installed, it shall be installed within a dedicated easement or a dedicated right-of-way if approved by the respective utilities division which meets the following standards:

(1)

An easement adjacent to a dedicated road right-of-way shall be a minimum of 12 feet in width, shall run parallel to the dedicated road right-of-way and shall not be included as part of the road dedication.

(2)

A lot line easement shall be a minimum of 15 feet in total width. Such easement may be mutually shared by adjoining lots or parcels.

(3)

A maintenance easement in which both water and wastewater lines are to be installed shall be wide enough to allow for a ten-foot separation between lines unless one of the lines is entirely encased in concrete.

(4)

The width of an easement immediately adjacent to a building or structure shall be determined by the following factors: Type of pipeline (water, wastewater, or force main), size and elevation of line, damage to buildings or structures in the case of the failure, and accessibility to utility maintenance equipment.

(Code 1979, ch. 21, § 4.4(a)(13))

In order to provide safe and adequate access between proposed development and trafficways, a trafficway corridor shall meet the following requirements:

(1)

General street design and construction standards.

a.

Street capacities shall be determined by the standards established by the Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council, Washington, D.C.

b.

The geometric design of streets shall conform to the minimum standards established by the Manual of Uniform Minimum Standards for Design, Construction and Maintenance For Streets and Highways, prepared by state department of transportation and by A Policy on Design of Urban Highways and Arterial Streets prepared by the American Association of State Highway and Transportation Officials (AASHTO).

c.

The construction of trafficways and work in the public right-of-way shall conform to county Resolution No. 85-3606, Broward County Administrative Code, Minimum Construction Standards Applicable To Public Rights-of-Way Under Broward County Jurisdiction or the Florida Department of Transportation Standards and Specifications for Road and Bridge Construction.

d.

The determination of traffic generation rates for a particular development shall conform to the rates specified in the latest version of the Institute of Transportation Engineers (ITE) "Trip Generation" Handbook. Alternately rates adopted for the Broward County Traffic Review and Impact Planning System (TRIPS) may be substituted if not covered by the Institute of Transportation Engineers.

(2)

Design criteria and street characteristics within a trafficway corridor.

a.

Trafficway streets shall conform to the criteria and characteristics established by and shown on the county trafficways plan.

b.

Collector streets which have not been identified on the county trafficways plan shall conform to the criteria and characteristics of the city's design standards.

c.

Local streets within a trafficway corridor shall conform to the criteria and characteristics of the city's design standards.

(3)

Additional right-of-way required at intersections.

a.

For the installation of traffic control equipment, a chord may be drawn at each intersection, and the area between the chord and the tangents of the intersecting streets shall be dedicated or, if acceptable to the city, granted by the easement. Such required chord shall be based on the radius shown for the particular intersection as specified in the city's design standards. Provided, however, that for intersections between two local streets, the area between the chord and the arc of the circle formed by the radius:

1.

Is required only where determined by the development review committee to be necessary for installation of utilities or traffic control devices; and

2.

Need only be granted by easement.

b.

Intersection expansion. In order to expand the intersection to handle additional approach lane capacity, additional right-of-way shall be provided consistent with the city's design standards.

(4)

Median openings. To assure traffic safety, capacity and control, median openings located within a trafficway corridor shall conform to the following criteria:

a.

Location.

1.

No median opening shall be spaced at a distance less than 760 feet from the intersection of two arterials unless waived by the development review committee and planning and zoning board.

2.

No median opening shall be spaced at a distance less than 660 feet from any other median opening unless specifically approved by the responsible agency based on a finding that, given the particular conditions of the proposed development, such determination will not compromise traffic operational and safety standards.

3.

Dedicated public streets are given priority consideration over nonpublic access for median openings.

4.

Provided the above conditions are satisfied, a median opening serving a local street or minor driveway may be spaced at a distance of not less than 510 feet from another median opening if the following requirements are met:

i.

A trip generation study acceptable to the development review committee and planning and zoning board demonstrates that the intersecting local street or minor driveway will not carry an average daily traffic (ADT) greater than 2,000 vehicles per day. This value is to be reduced appropriately if the median opening also serves a significant number of U-turns daily.

ii.

The local street system or site plan incorporates design and traffic control features acceptable to the development review com mittee, planning and zoning board and responsible agency to prevent use of local streets and minor driveways by nonlocal traffic.

b.

Design criteria.

1.

All median openings shall include left turn lanes with at least 200 feet storage with 100 feet transition unless otherwise demonstrated by a traffic engineering study based on the ultimate use, acceptable to the development review committee, planning and zoning board and responsible agency. Increased storage and transition lengths may be required to eliminate disruption of through-traffic flow.

2.

Final design of median openings must be approved by the development review committee, planning and zoning board and responsible agency for compliance with all applicable standards.

(5)

Setback on trafficways.

a.

Any building constructed along a street within a trafficway corridor shall have a minimum setback of ten feet in depth measured from the ultimate right-of-way line.

b.

Any fence or hedge constructed along a street within a trafficway corridor which would cause a sight visibility obstruction shall be set back a minimum of ten feet from the ultimate right-of-way line.

c.

The minimum distance from a driving aisle or an access easement, or both, to the ultimate right-of-way line of a street within a trafficway corridor shall be ten feet where there is no connection to a driveway.

d.

Within the ten-foot setback area included in the street or driveway intersection sight triangle thereby created, it shall be unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, tree, natural growth or other obstruction of any kind which obstructs cross-visibility at a level between 24 inches and 96 inches above the level of the center of the adjacent intersection.

e.

The ten-foot setback requirement of this subsection may be modified or waived by the development review committee to the extent that a traffic study acceptable to the city demonstrates that the public safety will not be adversely affected by such modification or waiver.

(6)

Bus bay requirements. If the development abuts a trafficway or a trafficway corridor with an existing or proposed bus route, additional right-of-way for and construction of bus pullout bays may be required to provide for bus stops in suitable locations as determined by the development review committee and planning and zoning board pursuant to the following standards:

a.

Bus pullouts are specialized bus stop auxiliary lanes, independent of the through traffic travel lane. A bus pullout bay allows through traffic to flow freely, without being impeded by stopped buses. Design of bus pullout bays shall conform to the following:

1.

Design requirements. All bus pullout bays shall be designed as follows:

i.

12 feet in width.

ii.

196 feet in length; consisting of 60 feet of inbound transition, 100 feet of storage, and 36 feet of outbound transition.

2.

Location. Bus pullout bays shall be required in the following locations:

i.

If the development is a shopping center or activity center, or major residential development.

ii.

If the development is on the far side of an intersection of two trafficways or a trafficway and a nontrafficway collector.

3.

Sidewalks. Construction of on-site sidewalks and sidewalks along adjacent roadways shall be designed to connect building entrances and bus pullout bays as directly as possible, to avoid conflicts between passengers and parking spaces, driving aisles, and landscaping. Sidewalks shall be at least five feet wide. The sidewalk shall be separated from the roadway or from the driving aisles by a curb or swale and shall be wheelchair accessible. Construction shall connect to adjacent bus stops or bus shelters.

(7)

Bus shelter easement requirement. If the development abuts a trafficway or trafficway corridor with an existing or proposed bus route, bus shelter easements may be required in suitable locations as determined by the development review committee, planning and zoning board and the county mass transit division pursuant to the following standards:

a.

The easement shall generally be 14 feet by eight feet in size.

b.

Such easement shall be a minimum of 1,200 feet apart.

(8)

Nonvehicular ingress and egress line. If development abuts a street within a trafficway corridor, a nonvehicular ingress and egress line shall be delineated along the ultimate right-of-way line except at those points of access provided in conformance with the standards of this division. In order to amend a nonvehicular ingress and egress line reflected on the face of a recorded plat the applicant shall file an application with the office of planning for submittal to the board of county commissioners. The application shall be subject to the county development review process. The city will provide a written response to the county regarding the proposed change in the nonvehicular ingress and egress line. Any change in the nonvehicular ingress and egress line approved by the board of county commissioners shall be reflected in a document recorded in the public records of the county.

(9)

Vehicular access to trafficways. Non dedicated or dedicated vehicular access to a street within a trafficway corridor shall conform to the following standards.

a.

General design requirements. The design of driveways shall be regulated as follows:

1.

Any development with access to a trafficway shall have either driveway approaches of sufficient width to allow for two-way traffic, or one-way drive ways connected to aisles, parking areas or maneuvering areas in such a manner as to permit traffic to both enter and leave the development, facing forward, at the same time. A driveway which is only wide enough for one-way traffic shall not be used for two-way access.

2.

The area within the development to which the driveway provides access shall be of sufficient size to allow all necessary functions for loading, unloading, and parking maneuvers to be carried out on private property and completely off the street right-of-way.

b.

Type of driveway required.

1.

Minor driveway entrance. The minimum distance from the ultimate right-of-way line at any ingress or egress minor driveway to the outer edge of any interior service drive or parking space with direct access to such driveway shall be 25 feet, measured perpendicularly from the ultimate right-of-way line. This driveway shall provide service for a maximum average daily trip volume of 400 vehicles or a maximum of an average peak hour inbound right-turn volume of 40 vehicles or both. A minor driveway entrance radii shall be 30 feet and a minimum width shall be 24 feet. The development review committee may require a deceleration lane of 12 feet in width, 150 feet storage with 100 feet transition, unless a traffic engineering study acceptable to the city demonstrates that the modification or absence of such a lane will not adversely impact traffic conditions.

2.

Intermediate driveway. The minimum distance from the ultimate right-of-way line at any ingress or egress intermediate driveway to the outer edge of any interior service drive or parking space with direct access to such driveway shall be 50 feet, measured perpendicularly from the ultimate right-of-way line unless waived by the development review committee. This driveway shall provide for a maximum average daily trip volume of 2,000 vehicles and/or a maximum average peak hour volume of 200 vehicles. A minimum deceleration lane 12 feet wide, 150 feet storage with 100 feet transition shall be provided, unless a traffic engineering study acceptable to the development review committee demonstrates that the modification or absence of such a lane will not adversely impact traffic conditions. A minimum of two egress lanes 12 feet in width each with one 16-foot wide ingress lane shall be provided. An intermediate driveway radii shall be 35 feet.

3.

Major driveway entrance. The minimum distance from the ultimate right-of-way line at any ingress or egress major driveway to the outer edge of any interior service drive or parking space with direct access to such driveway shall be 100 feet, measured perpendicularly from the ultimate right-of-way line unless waived by the development review committee and planning and zoning board. This driveway shall provide for a maximum average daily trip volume of 5,000 vehicles and/or a maximum average peak hour volume of 500 vehicles. A minimum deceleration lane 12 feet wide, 200 feet storage and 100 feet transition shall be provided, unless a traffic engineering study acceptable to the development review committee and planning and zoning board demonstrates that the modification or absence of such a lane will not adversely impact traffic conditions. A minimum of two egress lanes 12 feet each in width and one 16-foot wide ingress lane shall be provided. A major driveway radii shall be 40 feet.

4.

Major driveway—signalized. Any major drive requiring traffic signal shall conform to those warrants specified in the Manual of Uniform Traffic Control Devices in addition to the following minimum requirements:

i.

The installation of any traffic signal shall be subject to the standards of the state department of transportation.

ii.

A right-turn lane shall be provided at all driveway locations where posted speeds are 35 miles per hour or greater unless waived by the development review committee and planning and zoning board.

iii.

Number of location of driveways. The number and location of driveways shall be determined as follows:

(a)  Spacing of driveways.

(1) To allow for proper corner clearance, the minimum curb length between a minor driveway and an intersection shall be 50 feet unless waived by the development review committee and planning and zoning board.

(2) If the closest intersection involves two streets classified as arterial or collector, then traffic movements to and from any driveway within 660 feet of an intersection with a collector and 760 feet of an intersection with an arterial shall be limited to right turns only unless waived by the development review committee and planning and zoning board.

(3) Minimum acceptable spacing between intermediate or major driveways and an intersection shall be similar to the criteria for intersections of local streets with a trafficway or collector.

(b)  Frontage.

(1) One driveway shall be permitted for ingress and egress purposes to a single property or development.

(2) Two driveways entering a particular arterial street from a single property or de velopment may be permitted if all other requirements of this section are met and if the minimum distance between the adjacent driveways conforms to the minimum spacing requirements of subsection (9)b.4.iii. of this section.

(3) Three driveways entering a particular arterial street from a single property or development may be permitted if all other requirements of these regulations are met and if the minimum distance between adjacent driveways conforms to the minimum spacing re quirements of subsection (9)b.4.iii. of this section.

(4) A joint access driveway will be considered as adequate access for any two adjacent developments. For a development where additional driveways are being requested and where those driveways do not meet the spacing requirements, the applicant shall be required to submit a brief traffic report justifying the need, describing the internal circulation and parking system, and identifying the impact of the development and its proposed access facilities on the operation of the trafficway corridor.

(c)  Driveway centerline spacing requirements within trafficway corridor. The minimum distance between center lines of two-way driveways shall conform to the city's design standards. For those driveways with left-turn movements, median opening spacing requirements shall have precedence. Driveway centerline spacing may be increased if the required turn lane storage or transition is increased by any governmental agency. Minimum driveway centerline spacing may be decreased if one-way driveways are utilized and accepted by the development review committee, planning and zoning board and appropriate agency.

(d)  Special driveway requirements. In the case of a land use with special driveway needs, an applicant may submit a traffic engineering study requesting technical deviations from the requirements of this section. If deviations from driveway requirements are permitted, substitute requirements which deviate no more than necessary to serve the special land use needs may be applied to the development in order to minimize the impact on the adjacent street. Such deviations from the driveway requirements shall be approved by the development review committee, planning and zoning board and the appropriate agency.

(e)  Replacement of abandoned driveway within a trafficway corridor. Existing driveway approaches shall not be relocated, altered, or reconstructed without approval for relocation, alteration, or reconstruction or such driveway approaches. When the use of any driveway approach is changed, making any portion or all of the driveway approach, unnecessary, the developer of the abutting property shall obtain a permit from the appropriate agency to abandon the driveway approach and shall, at his expense, replace all necessary curbs, gutters and sidewalks.

(f)  Turning lanes.

(1) Left-turn lane requirements immediately adjacent to the development. A left-turn lane with a minimum of 200 feet storage with 100 feet transition shall be provided at each driveway that meets the minimum spacing requirements of subsection 42-135(b), when the speed limit equals or exceeds 35 miles per hour or if the average daily traffic of the driveway is 1,000 vehicles or more and/or the average peak hour in bound left-turn volume is 25 vehicles or more.

(2) Right-turn lane requirements immediately adjacent to the development. A right-turn lane with a minimum of 150 feet of storage and 100 feet of transition shall be provided at each driveway when the speed limit equals or exceeds 35 miles per hour or if the development will generate 100 or more right-turn movements dur ing the peak hour.

(3) Intersection improvements immediately adjacent to the development. At intersections which abut the development, the following improvements shall be provided:

a. A right-turn lane shall be provided if the street's speed limit equals or exceeds 35 miles per hour or if the development will generate 100 or more right turns during the peak hours.

b. A left turn lane shall be provided if the street's speed limit equals or exceeds 35 miles per hour or if the development will generate 25 or more left turns during the peak hour.

(4) Required storage and transition lengths may be modified where conditions warrant and are acceptable to the development review committee, planning and zoning board and appropriate agency. When storage and transition lengths are so modified, the minimum distances set forth in the city's design standards may be correspondingly adjusted if appropriate.

(g)  Frontage roads within the public right-of-way. All driveway access along arterials with existing or planned frontage roads shall be provided to such frontage roads. To gain temporary direct access to the arterial, the developer shall construct the section of the frontage road adjacent to the property. The frontage road section shall be located where planned. Any right-of-way not previously dedicated shall be dedicated prior to issuance of a temporary driveway permit providing direct access to the arterial. If driveway access is provided from frontage roads, driveway spacing and property clearance and minimum lot width requirements under this section may be reduced by one-third. However, minimum driveway spacing for temporary direct access to the arterial should be adequate to ensure safe traffic operation at the design speed.

(h)  Access between trafficway and private property.

(1)  Access easement. Easement for and construction of access on private property shall be required when property that abuts an existing or proposed roadway does not or will not align with an approved median access or when the location of the property will prohibit adjacent properties of similar land use from gaining access to an approved median opening. The easement shall guarantee the interconnection to and through such properties for access to and from the divided roadway.

(2)  Location. The intersection of any portion of an access easement with that portion that contains the driveway shall conform to the minimum depth of the appropriate driveway type as required by this section.

(3)  Design. The minimum pavement width for the two-way access shall be 24 feet.

(i)  Off-street vehicular circulation. Where a development is located on a street within a trafficway corridor the parking facility shall have full internal vehicular circulation and storage. Vehicular circulation must be completely contained within the property and vehicles located within one portion of the development must have access to all other portions without using the adjacent street system.

(j)  Off-street truck maneuvering. Where a proposed development includes a truck-loading operation and has access to a street within a trafficway corridor, adequate space shall be provided when the speed limit equals or exceeds 35 miles per hour or if the development will generate 100 or more right turns during the peak hours.

(k)  Off-street vehicle reservoir areas. Adequate reservoir capacity shall be required for both inbound and outbound vehicles to facilitate the safe and efficient movement between the street and the development. An inbound reservoir shall be of sufficient size to ensure that vehicles will not obstruct the adjacent street, sidewalk and circulation within the facility. An outbound reservoir shall be required to eliminate backup and delay of vehicles within the development.

(Code 1979, ch. 21, § 4.4(b))

(a)

General requirements applicable to all local streets.

(1)

Improvements required. An applicant shall construct or bond for the construction, prior to issuance of any development order, all roadway and drainage improvements for those rights-of-way lying within or adjacent to the proposed development and necessary to accommodate the traffic generated by the development. Such improvements shall be in accordance with the applicable portions of the following: The City's Design Standards, Resolution No. 85-3606, "Minimum Construction Standards Applicable to Public Rights-of-Way Under Broward County Jurisdiction," set out in the Broward County Administrative Code, the Manual for Uniform Minimum Standards for the Design, Construction and Maintenance of Streets and Highways (the "Green Book"), the Grading and Drainage Regulations and Standards, Water Management Regulations and Standards and Drainage Design Criteria and Standards of the Broward County Water Resources Management Division, and the Manual of Uniform Traffic Control Devices as approved by the county traffic engineering division.

a.

On-site improvements. A developer shall be required to construct or bond for the construction those on-site improvements required by the provisions of this section and any additional improvements necessary for traffic safety including but not limited to the following: Pavement, rock base, fill, curbs, gutters, sidewalks, bikeways, guardrails, shoulder areas, swales, roadside recovery areas, bridges, drainage outlets, catch basins, drainage pipes, culverts, drainage ditches, headwalls, end walls, rip-rap, traffic signals and interconnecting facilities, traffic control signs and pavement markings, street name signs, identification signs, left- and right-turn lanes, median openings, bus turnouts, and traffic separators.

b.

Off-site improvements. A developer shall be required to construct or bond for the construction those roadway and drainage improvements on property adjacent to the proposed development necessary to connect the new development to an existing adequately paved adjacent street system unless waived by the development review committee, planning and zoning board and the city.

(2)

Access to development.

a.

Every lot or parcel shall be served from a publicly dedicated street; provided, however, that a developer may retain as private a local street or a collector nontrafficway street if the following conditions are met:

1.

Public right-of-way is not required in order to serve adjacent development that is existing or projected on the Broward County Land Use Plan, 1977, as amended, or a certified local land use plan.

2.

A permanent access easement is granted for service and emergency vehicles and for maintenance of public and semipublic utilities.

3.

A reciprocal easement for ingress and egress is granted all residents of the development.

4.

Private local or collector streets comply with all applicable construction standards contained in the "Minimum Construction Standards Applicable to Public Rights-of-Way Under Broward County Jurisdiction," adopted by Resolution 85-3606, set out in the Broward County Administrative Code.

(3)

Right-of-way required. An applicant will be required to dedicate right-of-way in addition to the right-of-way requirements of the city's design standards in the following situations:

a.

If proposed access from the development to an existing dedicated and accepted street does not meet the total right-of-way requirement for a complete road.

b.

If a development has a greater impact on an existing road than that for which the roadway width had previously been designed.

c.

If a development abuts or contains an existing street of inadequate right-of-way width.

(4)

Alleys.

a.

Alleys may be provided to serve residential, business, commercial and industrial areas and shall be a minimum of 30 feet in width.

b.

Changes in direction of the alignment of an alley shall be made on a centerline radius of not less than 50 feet.

c.

Dead-end alleys shall be prohibited where possible, but if unavoidable, shall be provided with adequate turnaround and facilities for service trucks at the dead-end, with a minimum external diameter of 100 feet of right-of-way, or as determined to be adequate by the development review committee, planning and zoning board and the city.

d.

At intersections with streets or other alleys, a corner chord right-of-way based on not less than a 30-foot radius shall be provided by dedication or, if acceptable to the development review committee, planning and zoning board and city, by grant of easement.

(5)

Blocks.

a.

The length, width and shape of blocks shall be determined with due regard to:

1.

Provisions of adequate building sites, suitable to the needs of the use contemplated.

2.

Zoning requirements as to the lot sizes and dimensions.

3.

Need for convenient and safe access, circulation and control of pedestrian and vehicular traffic.

4.

Limitations and opportunities of topographic features.

b.

Pedestrian crosswalks, of not less than ten feet in width, may be required in blocks if necessary, to provide safe and convenient access to schools, playgrounds, shopping centers, transportation or other community facilities in accordance with this section.

(6)

Lots.

a.

The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, be properly related to the topography and add to the character of the area.

b.

Lot dimensions and areas shall not be less than those specified by the applicable city zoning regulations.

c.

Side lot lines shall be substantially at right angles or radial to street lines.

d.

The minimum arc frontage for lots abutting the turnaround of a cul-de-sac shall be 25 feet for residential uses and 60 feet for uses other than residential.

(b)

Design criteria for local streets by development type. The design of local streets shall comply with the requirements of the provisions of the city's design standards depending on the type of development proposed. Deviations may be allowed but only where approved by the development review committee, planning and zoning board and city upon a finding that substantially equivalent protection of the public safety can be achieved by alternative standards. Provided however, that no alternative standard having more than a ten percent deviation from the numerical standard stated below shall be permitted. If a proposed development includes more than one type of use, the highest criteria shall apply.

(1)

Residential development.

a.

Generally. Residential streets shall be adequate to permit neighborhood traffic circulation to flow from the highest element of the hierarchial classification, the expressway, arterial or collector, to the lowest element, the local residential street. Circulation within a residential development shall be adequate when the criteria of the city's standards are met and when collectors and local streets are provided which meet the standards of the comprehensive plan.

b.

Residential collector street. The residential collector street serves as the principal circulation facility within the residential neighborhood unit. Its function is to collect traffic from the interior and deliver it to the closest perimeter intra-neighborhood transportation between the residential units and the local centers of attraction such as neighborhood shopping centers, schools, and neighborhood parks.

(2)

Commercial development.

a.

Generally. Commercial development shall be designed to satisfy the needs generated by residential development. The size and location of the proposed commercial development shall be appropriate to support the proposed use.

b.

Pedestrian access. Neighborhood and community commercial facilities shall have an efficient and direct pedestrian connection to the residential areas the facilities are intended to serve. The design of local commercial facilities shall allow pedestrian and bike riders direct access from adjacent neighborhood areas, with due consideration to the elimination of points of conflict between pedestrians and vehicles.

c.

Local residential street. The primary function of the local street is to provide the access of vehicles to single-family residential development front

ing on the street. Local streets shall provide access to low density residential development and connect local traffic from private driveways to collector streets. Local streets are required when connections of driveways or private streets to the collector would be otherwise closer than 250 feet.

(Code 1979, ch. 21, § 4.4(c))