(a)

Title. An ordinance prescribing procedures and standards for the subdivision of real estate and for the; installation of required improvements; providing for title, enabling and other general provisions; providing for terminology; providing for general requirements; providing for application of ordinance; providing for previously platted subdivisions; providing for planned developments; providing for alternate designs for rural subdivisions; providing for phased developments; providing for exceptions to general requirements; providing for administration of ordinance; providing for preliminary subdivision plan procedure; providing for final subdivision plan procedures; providing for development procedure; providing for technical compliance and review; providing for land development permit application and review; providing for construction plans and supplemental engineering information; providing for construction of required improvements; providing for supplemental procedures; providing for requirements for the certified survey; providing for requirements for the preliminary and final plat; providing for required improvements; providing for access and circulation system; providing for clearing, earthwork, and grading; providing for stormwater management system; providing for parks and recreational areas; providing for wastewater system; providing for potable water systems; providing for utilities; providing for fire rescue services; providing for subdivision design and survey requirements; providing for variances and exceptions; providing for penalties and prohibitions; providing for legal status; providing for standard forms.

(b)

Authority.

(1)

Article VIII of the 1968 Constitution of the State of Florida vested city governments with powers of self-government as provided by general and special law.

(2)

The Growth Management Act of 1985, as amended, requires local governments to adopt comprehensive plans and City of Pahokee has adopted the 1989 City of Pahokee Comprehensive Plan ("Comprehensive Plan") pursuant to this statutory provisions and other authority.

(3)

The statutory provisions and the comprehensive plan require that land development regulations be adopted to implement the comprehensive plan and that no development of land shall take place which is inconsistent with the comprehensive plan.

(4)

Section 125.01, Florida Statues, vested counties with the power to establish, coordinate and enforce business regulations, building, housing, and related technical codes and regulations as are necessary for the protection of the public and to perform other acts not inconsistent with laws which are in the common interest of the people of the city and to exercise all powers and privileges not specifically prohibited by law.

(5)

Sections 125.01, 336.02 and 336.08, Florida Statutes, provide that counties have the power and authority to establish new roads and locate and change the same; and

(6)

Chapter 163 and Special Acts, Chapter 69-1425, Laws of Florida, authorize the city commissioners to adopt, prescribe and promulgate rules and regulations governing the filing of plats and development of subdivisions, in order to aid in the coordination of land development.

(7)

It is in the public interest to insure that adequate and necessary physical improvements are properly installed whenever land is developed.

(8)

It is in the public interest to establish procedures and minimum standards for the subdivision, development and improvement of land within City of Pahokee.

(c)

Short title. This ordinance shall be known as the "Subdivision and Required Improvement Regulations of City of Pahokee, Florida."

(d)

Jurisdiction. The regulations set forth herein shall be applicable to subdivisions of land and to the installation of improvements in the unincorporated areas of City of Pahokee, Florida, as or hereafter established.

(e)

Purpose and intent. This ordinance is adopted to:

(1)

Establish procedures and standards for the subdivision of real estate within City of Pahokee, Florida;,

(2)

Establish procedures and standards for the development of real estate within City of Pahokee, Florida;

(3)

Ensure proper legal description, identification, documentation and recording of subdivisions;

(4)

Aid in the coordination of land development in City of Pahokee, Florida, in accordance with orderly physical patterns;

(5)

Implement the 1989 Comprehensive Plan ("Comprehensive Plan") with respect to installation of on-site improvements for the development, which improvements are necessary to the development to meet or support the level of services required under the concurrency management system of the comprehensive plan;

(6)

Ensure safe and convenient access and traffic circulation;

(7)

Ensure adequate utilities;

(8)

Regulate development of areas subject to seasonal and periodic flooding and provide for adequate stormwater management to minimize adverse impacts of development on water resources while ensuring acceptable levels of protection from inundation for residents and improvements;

(9)

Provide public and private parks and recreation areas in accordance with the objectives of the Recreation open space element of the comprehensive plan;

(10)

Ensure land subdivision with installation of adequate and necessary physical improvements;

(11)

Ensure that the citizens and taxpayers of the city will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the developer of adequate and necessary physical improvements;

(12)

Ensure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed.

(f)

Interpretation.

(1)

Minimum requirements. In their interpretation and application, the requirements of this ordinance shall be the minimum requirements for the promotion of the public health, safety and general welfare.

(2)

Relationship to other agency requirements. The requirements of this ordinance are intended to complement and expand upon rules, regulations, and permit requirements of other state, regional, and local agencies applicable to the design, construction, and/or operation of facilities for access and circulation of vehicles and pedestrians, construction of streets and related facilities, power and communication services, wastewater and water services, and stormwater management and flood protection in City of Pahokee. Compliance with the requirements of this Ordinance shall not relieve the developer, his successors or assigns from the necessity to comply with all requirements and obtain all permits required by the regulations of such other agencies. These requirements shall include, but not be limited to, the following, as they may be amended from time to time:

a.

Florida Department of Environmental Regulation (DER) requirements for dredge and fill up to the landward extent of waters of the State pursuant to Chapter 17-4, F.A.C.;

b.

South Florida Water Management District Surface Water Management rules pursuant to Chapters 40E-4, 40E-40, and 40E-41, F.A.C.;

c.

Palm Beach County Flood Damage Prevention Ordinance, as amended by Ordinance 88-3;

d.

Palm Beach County Mining Ordinance;

e.

Requirements of the applicable Water Control District governing connection to and use of district facilities.

f.

Palm Beach County Wetlands Protection Ordinance;

g.

Palm Beach County Environmentally Sensitive Lands Ordinance, Ordinance No. 89-23;

h.

Palm Beach County Endangered Species Ordinance;

i.

Palm Beach County Wellfield Protection Ordinance, No. 88-7; and

j.

The State Standards, as defined herein.

(3)

Authority of the city engineer. In the event of conflict between a specific requirement of this ordinance and that of another agency's rule, compliance with this ordinance shall be interpreted by the City Engineer to avoid the conflict where such avoidance is not inconsistent with the general purposes and intent of this ordinance and is affirmatively demonstrated as necessary to meet the purposes and intent of the conflicting rule. However, if the difference between said requirements is solely a matter of degree, the more restrictive requirement shall prevail and no conflict will be considered to exist.

(a)

General application of terms. For the purposes of this ordinance, the following terms shall have the meanings set forth below, unless the context clearly indicates otherwise. All references to definitions in the development code are to Section 200.2 of the development code unless otherwise stated. When a definition in the comprehensive plan or development code is in conflict with or is dissimilar to a definition given below, the definition herein shall control when applying the provisions of this ordinance. Words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and the words "may" and "should" are permissive.

(b)

Definitions.

Abutting property: See "contiguous" in development code.

Access: See "access" in development code.

ADT: See "average daily trips."

Alley: See "alley" in development code.

Antiquated subdivision: See "antiquated subdivision" in comprehensive plan.

Applicant: the developer or his duly authorized representative who submits to the city engineer's office a plat and related plans for the purpose of obtaining approval thereof.

Arterial street: A major street of higher classification than plan collector streets, used primarily for traffic traveling considerable distance within or through an area not served by an expressway, is of considerable continuity, and is used primarily as a main traffic artery. An arterial may also be a limited access street.

Average daily trips: See "average daily trips" in comprehensive plan. Also referred to as "ADT."

Block: See "block" in development code.

Board: The city commissioners of the City of Pahokee. The term shall include the term "city."

Building: See "building" in development code.

Catchment: A sub-area of a drainage basin which contributes stormwater runoff by overland flow to a common collection point.

Clustered lot: A special type of lot meeting special regulations in the development code and which is designated on the construction plans, as required by section 14-415 in this article.

Comprehensive plan: See "comprehensive land use plan" in the development code.

Control device: The element(s) of a discharge structure which allows release of water under controlled conditions.

Control elevation: The lowest elevation at which water can be released through a control device.

City: The "board," as defined in this article.

City commission: the "board" as defined in this article.

City engineer: the city engineer of city of Pahokee or his duly authorized representative.

City standards: See "city standards" in development code.

Cul-de-sac: a dead-end street terminated at the closed end by a circular vehicular turn-around.

Current: the specifications, design standards and construction details in effect or as may be changed from time to time or amended from time to time. The term "current" shall be applied at the time a plat or development plan is presented for acceptance or approval.

Days: Work days of city employees as established by the city commission.

Dead-end street: A street with only one (1) outlet.

Department of transportation: See "department of transportation" in the development code.

Detention: The collection and temporary storage of stormwater runoff for the purpose of treatment and/or discharge rate control with subsequent gradual release directly to surface waters.

Developer: A "developer" is any individual, firm, association, syndicate, co-partnerships, corporation, trust or any other legal entity who, as owner of the land, commences proceedings under this ordinance to effect the subdivision or development of land in the city. The term shall include the term "subdivider."

Developer's engineer: A single engineering firm or a professional engineer registered in Florida, and engaged by the developer to coordinate the design and monitor the construction of the work required under this ordinance.

Development of regional impact: A specific type of development as defined in F.S. § 380.06.

Discharge structure: A structural device, constructed or fabricated from durable material(s) such as concrete, metal, or decay-resistant timber, through which water is released to surface water from detention.

Drainage basin: A sub-area of a watershed which contributes stormwater runoff to a watercourse tributary to the main receiving water.

Dry detention/retention: Detention or retention in a storage facility which is designed, constructed, and operated to limit the duration of ponding within the facility so as to maintain a normally dry bottom between rainfall events.

Dwelling unit: See "dwelling unit" in comprehensive plan.

Easement or servitude: See "easement" in development code.

Expressway: See "expressway" in development code.

Final site development plan: See "final site development plan" in development code.

Flood or flooding: A general and temporary condition of inundation of normally dry land areas resulting from: (1) the overflow of tidal or non-tidal watercourses or water bodies; or (2) the unusual and rapid accumulation of surface waters from any source.

Floodplain: The land area adjacent to the normal limits of a watercourse or water body which is inundated during a flood event of specified magnitude or return period.

Floor: The bottom interior surface of an enclosed habitable space in a building, including a basement but not including a garage used solely for parking vehicles.

Inundation: The presence of water, in motion or standing, of sufficient depth to damage property due to the mere presence of water or the deposition of silt or which may be a nuisance, hazard or health problem.

Lake maintenance easement: An expressed easement, created by plat dedication or other instrument of record, establishing access and use rights on the periphery of a water management tract for purposes of construction, maintenance, and repair of wet detention/retention facilities and appurtenant structures therein.

Land development permit: The development permit issued by the city commissioners authorizing construction of required improvements.

Legal access: The principal means of access from a lot to a public street or to a private street over which a perpetual ingress and egress easement or right of way has been granted to the owners of any lot serviced by such street.

Legal positive outfall: The permanently established connection of a stormwater discharge conveyance facility serving a development site to a watercourse or water body under the control and jurisdiction of one (1) or more public agencies, said connection being subject to all applicable agency permitting and approval requirements.

Limited access: See "limited access" in development code.

Limited access street: A street which does not permit access except at points authorized and controlled by the department of engineering and public works under a access control easement.

Local street: A minor street designed and maintained to provide access to abutting property. A local street is of limited continuity and not for through traffic and is the middle order street of minor streets, being of a higher classification than a residential access street.

Lot: A parcel of land identified as a single unit for development purposes and which is:

(1)

Depicted on a plat duly recorded in the public records of the clerk of the circuit court of the county, whether such plat was recorded prior or subsequent to February 5, 1973;

(2)

Under single ownership pursuant to a deed or agreement for deed duly recorded in the public records of the county prior to December 2, 1989, regardless of size;

(3)

Depicted on a survey, map or drawing of land for which an affidavit of waiver has been granted and duly recorded in the public records of the county pursuant to the requirements of this Ordinance;

(4)

A combination of lots, as defined in (1) through (3) above, which have been joined together under a unity of title recorded in the public records of the county so as to combine same as one (1) lot.

As used herein, the term "lot" shall be synonymous with the terms "plot," "parcel," or "tract," however designated on any plat, map, survey, or drawing recorded in the public records of the county.

Any lot to be subdivided or created on or after December 2, 1989, shall consist of at least sufficient size to meet the minimum requirements of the comprehensive plan and development code of the city as to use, coverage and area.

When appropriate to the text, the term "lot" shall mean a proposed lot and refers to a parcel of land depicted on a site development plan, final site development plan, master land use plan, subdivision plan, preliminary plat, final plat or survey as a distinct parcel to be held as one (1) unit of ownership.

Major street: A street depicted on the adopted thoroughfare plan; a thoroughfare plan road. Major streets are further classified as collector street, arterial street, and expressway.

Marginal access street: A special purpose local street which is parallel and adjacent to an plan collector street, expressway, arterial street or other limited access street and which has its principal purpose of relieving such streets from local service of abutting property by providing access to abutting property and separation from through traffic . A marginal access street may also be called a "frontage street."

Master land use plan: See "master land use plan" in development code.

Minor street: Any street not classified as a major street, and includes streets providing traffic circulation within the development.

Mobile home subdivision: Subdivision of land for the sale of lots intended for the placement of mobile homes and which meets the requirements of this ordinance and the city development code.

Non-plan collector street: The highest classification of a minor street, designed to carry traffic from local streets and residential access streets to major streets.

Parking area: See "parking area" in development code.

Parking lot: See "parking lot" in development code.

Phase: A distinct portion of a development designed and permitted for construction and platting as a unit.

Plan collector street: A major street which carries traffic from minor streets to arterial streets and is the lowest order street in the hierarchy of major streets.

Plat: A map depicting the division or subdivision of land into lots, blocks, parcels, tracts, or other portions thereof, however the same may be designated, prepared in accordance with the provisions of this ordinance and those of any applicable law and/or local ordinance, which may be designated to be placed of record in the office of the clerk of the circuit court of Palm Beach County.

Plat, final: A finished map of a subdivision accurately showing all legal requirements of the state plat law and the requirements of this ordinance.

Plat, preliminary: A copy of the plat in sufficient form to readily compare the plat with the subdivision plan and construction plans.

Plat of record: A plat which conforms to the requirements of the applicable laws of the state and ordinances of the city, which has been accepted by the board and placed in the official records of the county.

Positive drainage: The provision of a stormwater management system which conveys stormwater runoff to a point of legal positive outfall.

Primary stormwater system: Classified surface waters of the state which convey stormwater runoff toward the ocean or a major inland water body.

Property owners' association: An organization recognized under the Laws of the State of Florida, operated under recorded maintenance and ownership agreements through which each owner of a portion of a subdivision, be it a lot, home, property or any other interest, is automatically a voting member, and each such member is automatically subject to a charge for a prorated share of expenses, either direct or indirect, for maintaining common properties within the subdivision, such as roads, parks, recreational areas, common areas and other similar properties. Within the text of this ordinance, a property owners' association is considered to be a single entity for property ownership. As used in this ordinance, the term "property owners' association" shall also be deemed to include a homeowners' association, condominium association or cooperative (apartment) association, as defined in Chapter 711, Florida Statutes, 1971, as amended, having a life tenure of not less than twenty (20) years, as well as a third party having an agreement with a condominium or cooperative association as permitted by Chapter 711, Florida Statutes, as amended.

Private street: Any street which:

(1)

Existed prior to or on February 5, 1973 and has not been dedicated for public use and not accepted for ownership or maintenance by the city commissioners; or

(2)

Is dedicated to a property owners' association pursuant to recorded restrictions and covenants or a plat recorded in the public records pursuant to this ordinance; or

(3)

Was dedicated for public use and existed prior to or on February 5, 1973 and has not been accepted for maintenance by the city.

Public street: A street dedicated to the public and accepted for ownership and maintenance by the board.

Public utility: Every person, corporation, partnership or association or other legal entity, their lessees, trustees or receivers now or hereafter, either owning, operating, managing or controlling a system or proposing construction of a system that is providing or proposes to provide water or sewer service, electricity, natural or manufactured gas, or any similar gaseous substance, telephone, telegraph or other communication service to the public for compensation.

Retention: The collection and storage of a specific portion of stormwater runoff without subsequent direct release to surface waters of said portion or any part thereof.

Right-of-way: See "right-of-way" in development code.

Rural subdivision: A division of land within an agriculture residential, country residential, or agricultural production zoning district.

Secondary stormwater system: That component of a stormwater management system which consists of facilities and features designed to provide for treatment and control of stormwater runoff generated by specifically delineated lands, in order to meet regulatory requirements governing the quality and quantity of stormwater discharged to the primary stormwater system.

Sewer system, central: A system for the collection and disposal of sewage, in accordance with the approval of requisite state and city agencies, from multiple family, commercial, industrial, institutional or other uses and shall include pipes, pumps, tanks, treatment plants and other appurtenances which comprise the system.

Sewer system, individual: A system designed to serve one (1) unit, comprised of pipes, tanks, and subsurface absorption field, or other approved treatment device, for handling and disposing of sewage wastes.

Sight distance: The extent of unobstructed vision in a horizontal and vertical plane.

Single-family detached cluster home: A "single-family detached cluster home" shall mean a single-family dwelling unit which is part of a cluster of similar dwelling units within a planned unit development but which is separated from other similar units by common areas dedicated to a property owners' association.

Site development plan: See "site development plan" in development code.

Site plan: See "site development plan."

State standards: The various design and construction guidelines, policies and standards promulgated, and amended from time to time, by the departments and agencies of the state of Florida, including but not limited to the policy and guidelines for vehicular connections to roads on the state highway systems, manual of uniform traffic control devices for streets and highways (as adopted by the department of transportation), manual of uniform minimum standards for design, construction and maintenance for streets and highways (a/k/a "the greenbook"), standard specifications for road and bridge construction, roadway and traffic design standards, and handbook for drainage connection permits.

Stormwater: The flow of water that results from and occurs immediately following a rainfall event.

Stormwater management plan: An engineering drawing and written report outlining the proposed secondary and tertiary stormwater management facilities needed for the proper development of a specific increment of the unincorporated area of the city, including details of drainage-related conditions and characteristics of the existing development site and surrounding lands.

Stormwater management system: A comprehensive system designed and constructed or implemented to collect, convey, store, absorb, inhibit, treat, use or reuse stormwater in order to prevent or reduce inundation, flooding, over-drainage, environmental degradation, and water pollution, or otherwise affect the quantity and quality of stormwater runoff.

Stormwater runoff: That portion of stormwater which occurs either as overland surface flow or subsurface lateral flow through normally unsaturated soils, and which is neither intercepted by vegetation, evaporated, nor recharged to groundwater.

Stormwater treatment: Removal of pollutants, debris, and other undesirable materials from stormwater runoff by means of natural chemical, biological or physical processes including, but not necessarily limited to, detention, retention, filtration, percolation, sedimentation, floatation, and skimming. This definition does not normally include active treatment processes, requiring the consumption of electrical or mechanical energy.

Stream: Any river, creek, slough, or other natural watercourse whether or not the bed shall have been dredged or otherwise improved in whole or in part.

Subdivider: A "developer," as defined in this article.

Surface waters: Water upon the surface of the earth whether contained in natural or artificial boundaries or diffused.

Surveyor: A land surveyor registered in Florida.

Tertiary stormwater system: That component of a stormwater management system which consists of facilities and features designed to provide for rapid removal of stormwater from structures, building sites, streets, and other areas of development or uses sensitive to damage or disruption by inundation.

Thoroughfare plan: The "thoroughfare right of way protection map" adopted as part of the comprehensive plan.

Townhouse: See "townhouse" in development code.

Townhouse cluster: See "townhouse cluster" in development code.

Traffic control devices: Any mechanism used to regulate traffic, such as pavement striping, signs, etc., excluding however, for the purpose of this ordinance, any mechanical or electrical device, such as traffic lights.

Water management tract: A parcel of land identified as a single unit, depicted on a plat or otherwise created by instrument of record, established for the purpose of delineating a complete facility or unified area to be utilized for detention, retention, or groundwater recharge of stormwater runoff prior to discharge from a development site.

Water system, central: The supply of water to serve more than one (1) dwelling, commercial, industrial, institutional or other units and shall include the water source, pipes, pumps, tanks, treatment plants and all other appurtenances to the system.

Water system, individual: a water source and other appurtenances supplying water to only one (1) dwelling, commercial, industrial, institutional or other units.

Waters of the state: Waters, as defined in F.S. § 403.031(12), subject to compliance with state water quality standards adopted pursuant to F.S. ch. 403, and set forth in Chapter 17-3, F.A.C.

Watercourse: Any stream, canal, ditch, or other natural or artificial channel in which water normally flows within a defined bed, banks, or other discernible boundaries, either continuously or seasonally, whether or not such flow is uniform or uninterrupted.

Watershed: The land area which contributed to the total flow of water entering a receiving stream or water body.

Wet detention/retention: Detention or retention in a storage facility not designed, constructed, and operated so as to provide dry detention/retention.

Work: All required construction as shown on approved construction plans and specifications for all facilities and features of any kind which are required, related to the process of subdivision of land under this ordinance.

Unified development code: The unified development code of the City of Pahokee, Florida, as adopted and amended from time to time by the city commissioners.

(a)

Platting requirement. Any developer planning to subdivide land shall record a final plat in accordance with the requirements of these regulations unless such requirement is specifically waived by the subdivision committee in accordance with the provisions of section 14-408(b).

(b)

Required improvements installation requirement. The adequacy of necessary public or private facilities and services for traffic and pedestrian access and circulation, solid waste, wastewater disposal, potable water supply, stormwater management, fire rescue, parks and recreation and similar facilities and services, and potential adverse impacts on adjacent land uses and facilities shall be considered in the review all development proposals. Unless installation of a required improvement is waived pursuant to section 14-408, no final plat or certified survey shall be recorded until the required improvements set forth in section 14-432 which are applicable to the subdivision are completed in accordance with the requirements of this ordinance or their completion is guaranteed by the developer in accordance with the provisions of section 14-416.

(c)

Standards for and cost of installation. All improvements required shall be built to the standards and specifications as published in this ordinance and the city standards or as required by the city engineer in accordance with acceptable standards of engineering principles. All such improvements shall be installed by and at the expense of the developer.

(d)

Conformity with other land development regulations. Prior to consideration of any proposed subdivision under the terms of this ordinance, the area to be subdivided shall:

(1)

Comply with the density, consistency and concurrency requirements and provisions of the administration and capital improvement elements of the comprehensive plan;

(2)

Be in the proper zoning district and have the necessary zoning approvals required for the intended use; and

(3)

Comply with and conform to the policies, objectives and goals of the land use and all other elements of the comprehensive plan.

(e)

Site suitability. No subdivision shall be approved for land unsuitable for such development, unless adequate methods of correction or mitigation are formulated and approved in accordance with the provisions of this ordinance. The city engineer may determine that land is unsuitable for subdivision due to unstable or poorly drained soils, frequent inundation, existance of environmentally protected or endangered areas, or conditions or features deemed to be harmful to the health, safety and general welfare of future residents.

(a)

General application. No person, firm, corporation or any other association shall create a subdivision or develop any lot within a subdivision anywhere in the incorporated area of the city except in conformity with this ordinance. No subdivision shall be platted or recorded unless such subdivision meets all the provisions of this ordinance, the provisions of other applicable city ordinances, and those of any applicable laws of the state, and has been approved in accordance with the requirements of this ordinance.

(b)

Building permits and other approvals. No building permit or certificate of occupancy or certificate of completion or paving permit shall be issued for any structure or construction on any lot if such lot was created in violation of this ordinance or if such lot is not in conformity with the provisions of these regulations. Except as provided in subsection (b)(1) below. Building and paving permits shall not be issued for any structure on a lot for which the final plat or certified survey, as applicable, has not been recorded in the manner prescribed in this ordinance.

(1)

Temporary structures and permanent structures having a temporary use collectively, ("temporary uses") may receive a building permit or paving permit prior to recordation of the final plat or certified survey for the property only when the use and location is approved pursuant to this subsection. Except for planned unit development subdivisions, the final subdivision plan, or alternate subdivision plan, or certified survey shall show the location of the temporary use as required by paragraph 1011.1.2. The subdivision committee or the city engineer, as applicable, shall apply the criteria and time frames set forth in section 500.21.N of the development code; provided, however, the required applications for extension shall be made to the city engineer. Planned unit developments shall comply only with section 500.21.N of the development code.

(a)

Active subdivision development. All active subdivision developments and all previously platted subdivision developments shall be subject to the requirements of this ordinance in accordance with the provisions of this article.

(1)

Active subdivision plan. Any subdivision development which on February 1, 1990, is proposed to be or is being developed under an active subdivision plan, as defined herein, shall not be subject to the requirements of section 1011.1 or article 1008, as applicable. Any subdivision plan shall be deemed an active subdivision plan when it meets the following requirements and has not been, unless abandoned, modified or vacated, as described in this article, when:

a.

For developments without development for a planned unit development: The plan of development was approved as a master plan or special exception subdivision by the subdivision committee prior to February 1, 1990; or, the plan was submitted for master plan or special exception subdivision approval prior to February 1, 1990 and is approved by the subdivision committee prior to March 1, 1990; and

b.

For planned unit developments: A final master land use plan was approved by the site plan review committee prior to February 1, 1990; and the development is otherwise in compliance with the requirements of the development code and any conditions of the zoning special exception approval; or the final master land use plan was submitted prior to February 1, 1990 and certified by the site plan review committee prior to April 30, 1990.

(2)

Active plat: Any subdivision being undertaken pursuant to an active subdivision plat, as defined below, shall develop the required improvements for the subdivision in accordance with the procedures, design criteria and standards which were in effect at the time of the plat or plan approval, as applicable. Any plat or site plan, as applicable, which meets the following requirements unless abandoned, modified or vacated as described in this section, shall be deemed an active subdivision plat:

a.

For plats of subdivisions in developments without zoning for a planned unit development: The preliminary plat and construction plans were submitted prior to February 1, 1990 and received technical compliance prior to August 1, 1990; or the preliminary plat and construction plans received technical compliance prior to February 1, 1990 and received a land development permit prior to August 1, 1990; or the certified survey was recorded prior to August 1, 1990 in accordance with an active subdivision plan (as defined above) for a special exception subdivision.

b.

For plats of subdivisions in a planned unit development: The site plan for the plat was approved by the site plan review committee prior to February 1, 1990 and the corresponding preliminary plat and construction plans received technical compliance prior to August 1, 1990, or the site plan was submitted for site plan review committee consideration prior to February 1, 1990 and approved by said committee prior to April 1, 1990.

(3)

Subdivision developments which are committed developments or deemed vested: Any development which constitutes a committed development under the comprehensive plan and the concurrency exemption ordinance, or which has otherwise been deemed vested under Florida law, is hereby deemed an active subdivision plan or plat, as applicable.

(4)

Modifications to an active subdivision plan or plat: Modifications to an active subdivision plan or plat shall subject the development to the requirements and criteria of this ordinance when:

a.

The modification of an active subdivision plan for a planned unit development cannot be approved by the site plan review committee in accordance with the authority granted to it under section 407 of the development code; or

b.

The modification of an active subdivision plan for a subdivision development not zoned for a planned unit development could only be approved by the board when applying the criteria governing approvals by the site plan review committee for planned unit developments as set forth article 407 of the development code; or

c.

The modification of an active plan or plat constitutes more than a minor deviation such that, in the opinion of the city engineer, the construction plans for the required improvements for the subdivision require a new submittal and review.

(5)

Abandonment of active subdivision plan or plat. When the developer fails to seek subsequent approvals and permits within the time frames required by this ordinance, such failure shall be evidence that the active subdivision plan or plat has been abandoned and the active status of the subdivision plan or plat, as applicable, granted herein shall be void.

(6)

Authority of the subdivision committee. The subdivision committee shall have the authority to review any subdivision development which does not meet the strict requirements of this section 14-404(a)(1) and to declare the master plan, final land use plan, preliminary or final plat, (and accompanying construction plans), special exception subdivision approval, or site plan, as applicable, to be an active approval when the subdivision committee finds that such declaration would be in accordance with the purpose and intent of this ordinance and in the best interest of the general public. Such reviews shall be made upon application by either the developer or the city engineer, which application shall be on a form prescribed by the subdivision committee.

(7)

Fees waived for applications by the city engineer: Any fee required for an application made pursuant to this section 14-404(a)(1) is hereby waived for all applications made by the city engineer.

(b)

Non-conforming subdivisions. The official records of City of Pahokee contain plats recorded prior to the adoption of this ordinance [February 3, 1973] governing subdivision development in the city. Such plats show areas within the city which have been platted as subdivisions, but which have either been partially improved or developed or remain unimproved or undeveloped. These areas, if developed improved further as platted prior to February 3, 1973, would not conform to the policies and objectives of the comprehensive plan for such areas.

(1)

Authority of the commission to vacate non-conforming plats. The city commissioners of city of Pahokee, Florida, shall have the power, on its own motion, to order the vacation and reversion to acreage of all or any part of the subdivision within the incorporated areas of the city, including the vacation and abandonment of streets or other parcels of land dedicated for public purposes and the vacating of streets and other parcels of land reserved for the use of the owners, including lands maintained by the property owners association.

(2)

Requirements for vacation of non-conforming plats. Such order of vacation and reversion of subdivision plats may only be made by the city commissioners if the following requirements are met:

a.

A plat of the subdivision was recorded as provided by law not less than five (5) years before the date of proposed reversion to acreage; and

In the subdivision or part thereof proposed to be reverted to acreage, not more than ten (10) percent of the total subdivision area has been sold as lots by the original subdivider or his successor in title.

(3)

Authority of owners to develop non-conforming subdivisions which are subject to vacation by board. The owner or owners of a subdivision subject to vacation and reversion to acreage by motion of the city commissioners may at their option abandon the subdivision or portion thereof in accordance with the procedures of the board, or may improve undeveloped rights of way or rights of way which have been partially improved at their cost and expense, provided such improvements shall comply with the provisions of this ordinance.

(c)

Public hearing required. Prior to ordering such a vacation and reversion to acreage, the city commissioners shall hold a public hearing relative to the proposed vacation and reversion to acreage, with prior notice thereof being given by publishing in a newspaper of local circulation the date of and the subject matter of the hearing at least twice within the two (2) week period preceding the date of such public hearing. At such public hearing, the vacation and reversion to acreage of subdivided land must be shown to either conform to the comprehensive plan or reduce the nonconformity with the comprehensive plan.

(d)

Legal access to be maintained. No owner of any parcel of land in a subdivision vacated and returned to acreage or abandoned by the owners shall be deprived by the reversion to acreage or abandonment of any part of the subdivision of reasonable access to such parcel nor to reasonable access therefrom to existing facilities to which such parcel has theretofore had access. Such access remaining or provided after such vacation and reversion or abandonment may not necessarily be the same as theretofore existing, but shall be reasonably equivalent thereto.

(e)

Improvement of existing partially developed non-conforming subdivisions not subject to vacation and reversion to acreage by motion of the city commissioners. The improvement of non-conforming subdivisions not subject to vacation and reversion to acreage by motion of the city commissioners shall comply with the requirements of this ordinance and the following:

a.

Streets. The existing right of way for a local street shall be considered sufficient provided it is at least fifty (50) feet wide and the improvements comply with the fifty (50) foot typical section for local street construction as contained in the city standards. If the existing right of way is less than fifty (50) feet wide, additional right of way shall be provided to make a total of not less than fifty (50) feet.

b.

Positive drainage. Positive drainage shall be established or proven, meeting all requirements for connection to a point of legal positive outfall. Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum of twelve (12) feet shall be provided for underground storm drainage installations and where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus twenty (20) feet on one (1) side to permit equipment to enter for maintenance purposes.

(a)

Definition of planned developments. Any planned development which is to be subdivided shall comply with the requirements of this ordinance after approval, as required by the development code of the final land use plan or final site development plan, as applicable. For the purpose of this ordinance, "planned development" shall mean a planned unit development, a planned residential development, a planned industrial park, a mobile home condominium park, a mobile home rental park, or a recreational vehicle park as defined and regulated in the development code.

(b)

Alternate subdivision plan approval. Upon submission to the city engineer of the applicable approved final plan, preliminary stormwater management plan and internal traffic circulation analysis for a planned development, the city engineer may deem the submittal as the subdivision plan for the planned development. Within fifteen (15) days of receipt of a complete submittal, the city engineer shall review and act on the application. If approved, the final land use plan or final site development plan, as applicable, shall be declared a final subdivision plan for the planned development, subject to the conditions and requirements of subsections 14-410(e) and (f). If denied, the developer shall comply with section 14-410. When such declaration is made for a planned unit development, the final subdivision plan shall include the site plans approved by the site plan review committee as required by section 500.21 of the development code. Every submittal under section 14-413 and section 14-414 shall be made subsequent to the approval of a site plan by the site plan review committee for the area submitted, and the boundaries of the area shown on such submittal shall coincide with the entire approved site plan, or with a designated phase thereof. An alternate subdivision plan approval shall not be granted for any planned development which has not obtained:

(1)

A concurrency exemption; or

(2)

An approved developer's agreement pursuant to a conditional concurrency reservation; or

(3)

A concurrency reservation.

(4)

Other comprehensive plan approvals required by section 14.1.24.

(a)

Scope. This section is to provide a means of establishing a rural subdivision in harmony with the general purpose and intent of this ordinance.

(b)

Application requirements. Upon submission of the subdivision plan, and an application for a rural subdivision designation, the subdivision committee may approve the application for election to comply with this section. A rural subdivision shall meet the platting requirement of this ordinance. Due to the rural or country nature of the rural subdivision, certain requirements and provisions for the construction of the required improvements are not appropriate. In order to provide a rural environment, the following alternate designs shall be permitted in a subdivision which has been approved for the rural subdivision designation.

(c)

All of the requirements of this ordinance shall apply except as the design requirements may be modified by this section.

(1)

Access and circulation systems. Local streets may be developed without a wearing surface but shall be otherwise constructed to the standards required by this ordinance. All other streets of higher classification, as defined in this ordinance, shall be constructed to meet or exceed city standards. Streets constructed without a wearing surface shall be privately maintained and shall not be considered for dedication or acceptance as public streets until paved, reconstructed and tested, as necessary, to meet city standards. Costs of maintenance and further development of the local streets in a rural subdivision shall be borne solely by the owners of the property within the subdivision. Sidewalks and bike paths shall not be required when local streets are constructed without a wearing surface. The developer and any subsequent owner/seller shall fully disclose to the purchaser the method of payment of costs of maintenance and improvements of local streets developed without a wearing surface. The developer shall adequately warrant, by recorded covenant, that the city will not be liable for cost of maintenance or further development of local streets constructed without a wearing surface.

(2)

Wastewater system. Rural subdivisions within the rural service area shall utilize the individual system in accordance with section 14-435(c)

(3)

Water system. Rural subdivisions within the rural service area shall utilize the individual system in accordance with section 14-436(c)

(4)

Utilities Installation. Underground utility installation is not required for rural subdivisions and rural subdivisions shall be excepted from the requirement of section 14-437(b) for such installation.

(a)

The property encompassed by a final subdivision plan may be developed in two (2) or more increments pursuant to the terms of this section. The developer shall indicate on the final subdivision plan, that the tract will be platted and constructed in phases and shall submit a general phasing plan prior to submission of the first plat within the final subdivision plan. The construction plans and preliminary plat shall coincide with the appropriate phase shown on the final subdivision plan. Construction plans or a preliminary plat for a partial phase shall not be accepted.

(b)

The improvements of each phase shall be capable of operating independently of any unconstructed phase with respect to drainage, access, utilities (including water and sewer), and other required improvements, except as provided herein. A dependent phase may be constructed if the improvements of the foundation phase are under construction pursuant to a land development permit; provided, however, if the required improvements of any unconstructed foundation phase are not secured pursuant to a guarantee posted with a contract for construction of required improvements, then the required improvements for all phases dependent on the foundation phase shall only proceed if: (1) all dependent phases are constructed under a contract for construction of required improvements prior to platting, or (2) sufficient security has been posted to guarantee the completion of all interdependent improvements in both the foundation phase and the dependent phase. A dependent phase shall not be acknowledged as completed until the improvements in the foundation phase are acknowledged as completed; provided, however, that such acknowledgement of completion may occur simultaneously and provided, further, that the city engineer may permit the posting of surety to guarantee the installation at a later time of the recreational facilities and other required improvements which are not necessary to provide drainage, access, or utilities to a such phases.

(c)

The phasing plan and all phasing construction shall conform to any phasing plan approved under the certificate of concurrency.

(d)

The phasing plan and all phasing construction shall be completed in accordance with any phasing controls and time frames required by the development code which are applicable to the development.

(e)

When the final subdivision plan is to be developed in phases or stages requiring more than one (1) final plat, successive plats must be filed so that construction and development activity shall be of a reasonable continuous nature. In no event, however, shall more than two (2) years elapse between the filing of successive plat, unless the time is extended as provided herein. Upon the expiration of any time period established by this section, the approval for the subdivision development shall be subject to mandatory review by the subdivision committee.

(f)

When the final subdivision plan is to be constructed in phases, the following sequence must be adhered to:

(1)

The recreation facility or recreation facilities, required by section 14-434 to serve the entire development, shall be platted prior to the platting of more than forty (40) percent of the total permitted dwelling units.

(2)

The commercial facilities shall not be platted prior to the platting of at least twenty (20) percent of the total permitted dwelling units for projects encompassing less than one thousand (1,000) acres and of at least ten (10) percent of the total permitted dwelling units for projects encompassing more than one thousand (1,000) acres.

(3)

The gross density of an individual plat shall not exceed the maximum density permitted for the entire development unless the total of all previously recorded plats of record and the plat under review produces an average density less than or equal to the approved maximum density for the entire development.

(g)

Time extension. The city engineer may extend the time for filing successive plats for a total of no more than two (2) years. Each time extension shall not exceed one (1) year in length and the total amount of all extensions shall not exceed two (2) years.

(a)

Authority. The subdivision committee is hereby empowered to make certain exceptions to the platting requirement and required improvement installation requirement of section 14-404 in accordance with the policies and procedures set forth in this section. A plat waiver or required improvement installation waiver shall not be granted for any development which has not obtained:

(1)

A concurrency exemption; or

(2)

An approved developer's agreement pursuant to a conditional concurrency reservation; or

(3)

A concurrency reservation.

(b)

Plat waiver; certified survey. If, after review of the preliminary subdivision plan by the subdivision committee, it is determined that the proposed subdivision meets one (1) of the conditions given in subsection (b)(1), the requirement to file a plat may be waived and a certified survey, meeting the requirements of this ordinance, shall be recorded in lieu of a plat.

(1)

Applications For Exceptions To Platting Requirement. In order to determine whether platting may be waived, the developer shall submit a preliminary subdivision plan in accordance with the requirements of this ordinance together with a statement demonstrating that the subdivision meets at least one (1) of the following conditions:

a.

The division is for the purpose of constructing not more than one (1) townhouse cluster in compliance with the development code.

b.

The division is to be into no more than three (3) contiguous lots and at least one (1) of the following circumstances applies:

1.

Unusual conditions are created by ownership or development of adjacent lands; or

2.

The land concerned is isolated or removed in its relationship to other platted or improved lands; or

3.

Dedications or reservations are not required for the installation or maintenance of the required improvements, and the improvements and dedications existing on the land are substantially in accordance with the requirements of this ordinance.

c.

Rural lots: The division of an area of land not exceeding eighty (80) acres in size into lots of at least ten (10) acres and which area meets the following additional conditions:

1.

Legal access to the area to be subdivided exists; and

2.

Legal access to the proposed lots exist or will be established and dedicated to and to be maintained by a property owners association or water control district; and

3.

Legal positive outfall exist and the appurtenant drainage easements are dedicated to, maintained and accepted by either by a property owners' association or water control district.

d.

Combination/recombination of lots: The change in lot lines is for the purpose of combining or recombining lots or portions thereof, platted or unplatted, where all the resulting lots meet the requirements of the comprehensive plan and development code or reduce the degree of non-conformity to the requirements of the comprehensive plan and development code, as applicable, and the dedication of right of way or installation of improvements either would not be required pursuant to this ordinance or would be required and their installation would be guaranteed by the developer pursuant to the provisions of this ordinance. Provided, however, that any application hereunder for lands shown on a record plat recorded after February 3, 1973, shall be limited to any necessary to correct errors in the recorded plat or to make an adjustment due to an error created in an isolated instance by construction of a dwelling unit or other building. In such cases, the improvements shall be in compliance with the standards in effect at the time of recording the plat or with any approved variance to such standards.

e.

Lots abutting public streets: The division is proposed in such a manner that all lots created would abut a public street, and dedication of right of way is neither necessary to service the lots pursuant to this ordinance nor required under the comprehensive plan or other land development regulation of the city, and

f.

Antiquated subdivisions: The lot or lots were created as part of an antiquated subdivision and the subdivision committee finds that the subdivision substantially complies with the intent, purposes and requirements of this ordinance. In making such determination, the subdivision committee shall consider the following information and any other information it deems appropriate:

1.

The total area of land encompassed by the antiquated subdivision,

2.

The number of lots created within the antiquated subdivision,

3.

The prior and subsequent subdivision of the area encompassed by the antiquated subdivision and whether such subdivision was platted or otherwise surveyed and placed of record,

4.

The need for dedications or reservations to ensure installation and continued maintenance of the required improvements,

5.

The extent of deviation from the requirements of this ordinance,

6.

The extent of ownership fragmentation, including the number of lots sold and the number of lots developed,

7.

The degree of compliance with other city land development regulations, including but not limited to the comprehensive plan and the development code,

8.

The number of lots to be created, and

9.

The extent of development in the surrounding area.

g.

Recombination for density requirement of comprehensive plan. The recombination or resubdivision is required in order for the new lot or lots to meet the density requirements of the comprehensive plan.

(2)

Effect of approval. Additionally, the recorded certified survey shall constitute the approved final subdivision plan for the subdivision. When such subdivision is not encompassed by a final subdivision plan approved pursuant to section 1011. The granting of a plat waiver in no manner reduces or waives the requirements of this ordinance to install the required improvements.

(c)

Exceptions to installation of improvements requirement. If, after review of the preliminary subdivision plan by the subdivision committee, it is determined that all or any of the required improvements meets the requirements of this section, the installation of such required improvement may be waived. The developer shall submit a preliminary subdivision plan in accordance with the requirements of this ordinance together with a statement asserting that the subdivision meets at least one (1) of the following conditions:

(1)

Unusual conditions are created by ownership or development of adjacent lands, or the land concerned is isolated or removed in its relationship to other platted or improved lands, and the improvements and dedications existing on the land and serving the land are substantially in accordance with the requirements of this ordinance; or

(2)

The installation of improvements required by this ordinance or by the levels of service in the comprehensive plan is not applicable to the land in that:

a.

Dedication of right of way or reservation of the street(s) is not necessary to service the lots, and

b.

It is not necessary to construct any street in order to provide access to the lots, and

c.

Public utilities, including but not limited to water, sewer, communication services and electricity, are currently and immediately available to the site and exist in substantial compliance with the requirements of this ordinance and in accordance with the requirements of this ordinance.

(3)

The granting of a waiver to the installation of improvements requirement in no manner reduces or waives the requirement of this ordinance to file a plat.

(d)

Applications and procedures for waivers. Applications made pursuant to this section shall be made on the form(s) prescribed by the city engineer, which shall include the requirements for preliminary subdivision plans contained in subsections (c)1 and (c)2.

(a)

(1)

Duties of the city engineer. For the purpose of coordinating, enforcing and administering this ordinance, the city engineer shall be deemed the administrative officer of this ordinance. The responsibilities of the city engineer may be delegated in whole or in part, and he shall employ those persons necessary for the administration and enforcement of this ordinance. The city engineer shall adopt policies and procedures for administering and enforcing the provisions of this ordinance including, but not limited to the setting of fees pursuant to the policies of the board. The city engineer shall serve as chairman of the subdivision committee, as established herein, and may appoint non-voting members to the subdivision committee as he deems necessary.

(2)

Subdivision committee. There is hereby established a subdivision committee consisting of the members, or their duly authorized representatives, named below. The members of the subdivision committee shall elect a vice-chairman to serve in the event of the chairman's absence. Engineering, environmental, land use, utilities and fire rescue shall be represented as follows:

a.

Engineering: The city engineer; representatives of the land development, survey and traffic divisions of the engineering department.

b.

Environmental: The city environmental control officer; the director of the department of environmental resources management; and the director of the public health unit.

c.

Fire rescue: The chief of City of Pahokee fire rescue.

d.

Land use: Representatives of the planning, zoning and building divisions; and the director of the parks and recreation department.

e.

Utilities: The director of the city's water utilities department.

(3)

Powers and duties. The powers and duties of the subdivision committee shall include, but not be limited to:

a.

Review and act on preliminary and final subdivision plan applications in accordance with the requirements of this ordinance and other applicable land development regulations of the city and state.

b.

Imposition of conditions to be met by the developer prior to the recordation of the plat or certified survey, or any other time set by the committee, when the committee deems such conditions necessary to ensure compliance with the intent, purpose and/or criteria of this ordinance. The authority to impose conditions shall include, but is not limited to, the right to require deeded rights of way and easements, reservations and other limitations or conditions of use in order to secure the installation of the required improvements and their maintenance as is necessary to carry out the intent and purpose of this ordinance.

c.

Upon request of the city engineer, review written applications to the board of adjustment for variances from the terms of this ordinance and report their findings and recommendations to the city engineer for forwarding to the board of adjustment.

d.

Review and act on applications for exceptions to this ordinance pursuant to section 14-408. Such authority shall include the power to waive compliance with the procedures of sections 14-412 through 14-416 when the subdivision committee finds that compliance with such procedures is unnecessary due to the following reasons:

1.

The subdivision committee granted both a plat waiver and a waiver for all required improvements for the property; or

2.

The subdivision committee granted both a plat waiver and a waiver for some of the required improvements and the remaining improvements will be met by one (1) of the following methods:

(a)

Contribution of cash; or

(b)

Construction of the required improvements will occur at the time of building construction and the installation of such improvements can be monitored as part of the building permit process or other City permitting process. Such improvements include, but are not limited to, drainage improvements limited to lot grading, and installation of well and/or septic tank; or

(c)

A combination of (a) and (b) above.

(d)

Review any and all restrictive covenants for a subdivision or development which comes before it.

f.

Require additional information or reviews deemed necessary for its consideration. Such information may include, but is not limited to, written and oral statements with respect to the nature, condition and maintenance responsibility of the streets, stormwater management facilities, or other required improvements, and reviews by other city and state agencies, and any information necessary to assure that the proposal would conform to the comprehensive plan or reduce the degree of non-conformity to the comprehensive plan.

g.

Upon determining the facts of each application, the subdivision committee shall also determine whether:

1.

The proposal would be in harmony and compatible with present and future development of the area as contemplated under the comprehensive plan, and

2.

The proposal makes adequate provisions for public requirements, including but no limited to, safe and convenient traffic and pedestrian circulation, access, stormwater management, utilities, water supply and wastewater disposal.

(4)

Actions. The subdivision committee may approve an application upon a determination of fact that the proposal would be in harmony and compatible with the present and future development(s) of the area concerned, would be in accordance with the policies, goals and objectives of the comprehensive plan and implements the various development performance standards of the city.

(5)

Meetings of the subdivision committee. The subdivision committee shall meet on the first and third Wednesday of each month. The subdivision committee meeting shall be open to the public and any person interested in any application before the subdivision committee may attend any such meeting and present any appropriate matter thereat.

(6)

City attorney duties. The city attorney shall serve as legal counsel and parliamentarian to the subdivision committee.

(7)

Notice of meeting. Upon official acceptance of the application, the city engineer shall distribute copies to the members of the subdivision committee and the city attorney's office. The developer shall be advised of the time and place of the subdivision committee meeting at which his application will be considered.

(b)

Applications and fees.

(1)

Applications. The city engineer shall, as he deems necessary and from time to time, promulgate application forms and procedures for any review, inspection, waiver, exception, permit, and variance procedure set out in or made pursuant to this ordinance and any other law, permit or procedure requiring the review or approval of the city engineer.

(2)

Fees. The board shall establish a schedule of fees for all publications; applications; advertising; reviews; procedures; and, any other services or processes made pursuant to this ordinance. Any lack of provisions for a fee in any section, paragraph, sentence, or clause shall not be construed as a limitation on the authority of the board to adopt a related fee. Such fee schedule may be adopted by resolution of the city commissioners.

(3)

Time of payment. All applications for approvals and utilization of the procedures of the city engineer shall be accompanied by a fee in the amount established by the board unless otherwise required by the city engineer.

(a)

Professional services required. The developer shall retain the services of an engineer or surveyor registered in Florida, to prepare the subdivision plan (preliminary and final) and may employ a land planner, landscape architect, architect and other technical or professional service to assist in the design and layout of the subdivision plan. The subdivision plan shall be coordinated with the major utility suppliers involved with providing services.

(b)

Purpose of preliminary subdivision plan review. The purpose of the preliminary subdivision plan review is to provide:

(1)

An optional forum for the review of preliminary subdivision plans and accompanying applications for a proposed subdivision to allow the developer and the subdivision committee the opportunity to consult informally prior to the preparation of the final subdivision plan; and

(2)

A mandatory forum for reviewing and acting on applications made under section 14-408 for plat waivers and for waivers to the required improvement installation provisions.

(c)

Application requirements. The developer shall submit a written application for preliminary subdivision plan approval in the form and number prescribed by the city engineer. The application shall contain the information and data described in subsections (c)1 and (c)2.

(1)

Statement requirement of preliminary subdivision plan. The preliminary subdivision plan application shall include a written statement generally describing the condition of the site and the proposed development of the entire subdivision, including, but not limited to the following information:

a.

Existing covenants;

b.

Location of utility facilities;

c.

Topography;

d.

General soil characteristics;

e.

Information describing the subdivision proposal, including but not limited to number of units, typical lot size, public areas, anticipated utility source; and

f.

Any other information considered pertinent.

(2)

Drawing requirement of preliminary subdivision plan. The preliminary subdivision plan application shall also include a drawing on a sheet(s) no larger than twenty four (24) inches by thirty six (36) inches, which clearly depicts the following information:

a.

A vicinity sketch showing the location of the land to be subdivided in reference to other areas of the city;

b.

Approximate acreage;

c.

Natural features such as low or swampy areas, streams, lakes or canals;

d.

Identification and description of adjacent lands; including but not limited to the topography and natural features;

e.

A written description of the land to be subdivided;

f.

Name, telephone number and address of the developer;

g.

Date;

h.

North arrow;

i.

Existing and proposed streets within the property to be subdivided;

j.

General lot and block layout, including typical lot dimensions;

k.

Layout of all adjoining streets; including but not limited to pavement and right of way widths and median locations.

l.

Zoning classification and Land Use Plan classification of the tract and adjacent properties;

m.

Location of existing improvements; and

n.

Any other significant features.

(3)

Effect of decisions on applications for optional review of proposed subdivision. In the case of applications for a proposed subdivision for which either a certificate of concurrency reservation or concurrency exemption has been issued, after consultation with the subdivision committee the developer may proceed with the preparation and formal application for approval of the final subdivision plan as required by section 1011 of this ordinance. In the case of applications for a proposed subdivision development for which a conditional certificate of reservation has been issued, the subdivision committee shall make a recommendation on the proposed developer's agreement and direct the city engineer to schedule the agreement for consideration by the board. The city engineer shall schedule the matter for final subdivision plan review by the subdivision committee at the meeting following the scheduled board's meeting in accordance with the application deadline policy of the city engineer. The developer shall be notified of these dates pursuant to subsection (6) Upon approval of the developer's agreement, the developer shall comply with all requirements for the final subdivision plan application contained in section 14-411.

(4)

Effect of decisions on applications for mandatory review of proposed subdivision. In the case of mandatory applications, the developer shall proceed as follows:

a.

Applications for exceptions to the platting requirement. Upon approval of an application for plat waiver, the developer shall proceed to construction plan review under section 14-413 unless such requirement has been waived under separate application. Upon denial, the developer shall prepare a final subdivision plan as required by section 14-411 of this ordinance.

b.

Applications for exceptions to the installation of required improvements criteria. Upon approval of an application for an exception to the installation of improvements requirement, the developer shall proceed to preliminary plat review under section 14-412, unless such requirement has been waived under separate application. Upon denial, the developer shall prepare construction plans and construct the improvements as required by this ordinance.

c.

In the event the developer simultaneously applied for and received waivers from the platting and required improvement provisions of this ordinance pursuant to section 14-408 and compliance with section 14-412 through section 14-416 have been waived by the subdivision committee pursuant to its power in section 14-409, the developer shall submit to the city engineer the appropriate recordation [fee] and any documents required by the subdivision committee within thirty (30) days of the approval. Failure to comply with the required time shall void the approvals.

(a)

Except as provided in section 14-405 planned developments, and section 14-408(b), plat waiver; certified survey, the developer of every proposed subdivision shall submit an application for final subdivision plan approval. Such application shall be prepared in accordance with the requirements set forth herein. The application shall include, but not be limited to:

(1)

Concurrency requirement. In order to be eligible to submit an application for final subdivision plan review, the development shall have obtained the following approvals in accordance with the comprehensive plan and other plan or concurrency related ordinances of the city:

a.

Certification for density, and

b.

Certification for consistency with plan and code, and

c.

A concurrency exemption, or

d.

Either a certificate of concurrency reservation, or a developer's agreement approved by the board and a conditional concurrency reservation.

A copy of the above certificates or exemptions shall be attached to and made part of the application.

(2)

Drawing requirements: The final subdivision plan, shall be on a sheet not larger than 24" X 36", drawn to stated scale not smaller than 1" = 200'. If multiple sheets are necessary to depict the proposed project area in adequate detail, sheets shall be consecutively numbered with the total number of sheets indicated. Match lines shall be provided and clearly labeled to relate drawing segments, and an index map shall be provided relating the location of each sheet to the overall plan. The subdivision plan shall be considered a unified drawing containing all of the following information in pictorial, note, or tabular form as appropriate.

a.

Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of the city.

b.

A vicinity sketch showing the location of the tract in reference to other areas of the city.

c.

North arrow, graphic scale, written scale and date.

d.

Name, address, and telephone number of the developer, along with the name and address of the engineer and surveyor responsible for the plan, plat and supporting data.

e.

The location and names of adjacent subdivisions, if any, and plat book and page reference.

f.

The tract boundary with bearings and distances along with a written description.

g.

Existing topographical conditions of the tract and of adjacent lands to a distance of one hundred (100) feet beyond the tract boundary or as otherwise determined by the city engineer to adequately represent the patterns and characteristics or surface water flows into, upon, through and adjacent to the tract. Off-site topography shall extend to the full width of any streets adjacent to the parcel. Elevations shall be shown by contour lines of equal intervals not to exceed one (1) foot. Elevations shall be based on NGVD (1929), and at least one (1) benchmark shall be located and referenced on the plan. All existing water courses, drainage ditches, water bodies, wetlands, excavations, and significant topographical features shall be delineated and identified.

h.

The location of all existing streets and alleys on or adjacent to the tract including the street name, right of way or tract width, pavement width and established centerline elevations at high and low points. Existing streets shall be dimensioned to the tract boundary.

i.

The location, purpose and effect on the proposed subdivision of all existing property lines, easements and rights of way.

j.

The location, purpose, and width of all proposed streets, alleys, rights of way, easements and the proposed layout of the lots and blocks.

k.

The incorporation and development of affected present and future major streets pursuant to the policies, objectives and goals of the traffic circulation element of the comprehensive plan.

l.

Street connections within the development and street connections to major streets showing their compliance to the access requirements established by this ordinance.

m.

All existing South Florida Water Management District or Water Control District facilities and their ultimate right of way requirements as they affect the property to be subdivided.

n.

General description of subsurface conditions on the property, plus location and results of tests made to ascertain subsurface soil conditions and ground water depth.

o.

Zoning classification of the tract.

p.

Utilities such as telephone, power, water, sewer, gas, etc. on or adjacent to the tract including existing or proposed water treatment plants and sewage treatment plants. The subdivision plan shall contain a statement that all utility services are available and have been coordinated with all required utilities.

q.

Sites proposed for parks, recreational areas, and schools.

r.

The locations of all temporary structures or permanent structures having a temporary use (collectively, "temporary uses"), including mobile homes or trailers used for pro shops, real estate sales trailers, construction trailers and security trailers or other temporary use. Temporary uses shall comply with subsection 14-403(b)(1) prior to issuance of any permit.

(3)

Internal traffic circulation study. An internal traffic circulation analysis shall be submitted with each final subdivision plan application. This analysis shall be prepared by a professional engineering using the trip generation rates stated in the Fair Share Contribution for Road Improvement Ordinance 79-7, as amended from time to time, and shall include projected traffic splits for all internal streets. The internal traffic circulation analysis shall be used to determine the classification of streets, the number of lanes, the requirement for traffic lights and other traffic control devices, and the capacity of the street system proposed or affected by the development, as well as the phasing of improvements.

(4)

Stormwater management plan. A preliminary stormwater management plan outlining the conceptual tertiary and secondary stormwater management facilities proposed for the proper development of the subdivision shall be submitted along with and considered to be part of the final subdivision plan. The preliminary stormwater management plan shall consist of an engineering drawing(s) and a written report including all pre-development information required for the final stormwater management plan pursuant to section 14-415(e) and indicating the proposed method of drainage, estimated design water elevations, one hundred (100) year storm elevation, stormwater treatment and control methods, detention and management areas, and any other information pertaining to the control and management of storm and ground water. In cases where modification or improvements are neither planned nor required for tertiary and secondary facilities, this requirement may be satisfied by so indicating on the final subdivision plan.

(b)

Resubmittals. A new final subdivision plan application shall be required for more than one (1) resubmittal of a final subdivision plan required by the subdivision committee due to corrections or revisions requested by it, or for any revision by the developer.

(c)

Effect of decision. During consultation with the developer, the subdivision committee shall inform the developer that the plan and data as submitted do or do not meet the provisions of this ordinance.

(1)

Application approved. When the subdivision committee finds that the final subdivision plan and required data meet the provisions of this ordinance, the subdivision committee shall sign the final subdivision plan indicating their approval and authorize the developer to proceed with the preparation of the construction plans and preliminary plat as required by this ordinance. The subdivision committee, upon such findings, shall express their actions in writing to the developer within seven (7) days, and return to him a signed copy of the approved final subdivision plan. Approval of the final subdivision plan shall not be effective until signed by the subdivision committee.

(2)

Application fails. When the subdivision committee finds that the final subdivision plan and required data do not meet the provisions of this ordinance, it shall advise the developer at the time of the meeting what corrections or revisions are necessary to meet the provisions of this ordinance and shall, within seven (7) working days, express the reasons in writing to the developer. Upon such findings, the developer shall make the corrections or revisions and resubmit the final subdivision plan and required data to the office of the city engineer. The subdivision committee shall reschedule the matter for review at the next regularly scheduled meeting in accordance with established submittal deadlines.

(d)

Major deviations to final subdivision plan. Any change to a final subdivision plan, however approved, which would either increase or decrease the number of units or would, in the opinion of the city engineer, cause a substantial change or revision to the plat and construction plans of any preliminary or final plat under review or approved pursuant to this ordinance shall require a new submittal and fee for such plat and construction plans. Such determination shall deem as void any affected plat and construction plans abandoned and shall void any approvals issued for same pursuant to this ordinance. Such determination shall be in writing and forwarded within ten (10) days to the Developer's Engineer, with a copy to the director of community development if the determination was caused by a change in a final master land use plan or site development plan.

(e)

Expiration of final subdivision plan approval. Except as provided below, approval of a final subdivision plan shall only be valid for a period of two (2) years from the effective date. Provided, however, that if the developer has commenced development and is continuing development of the subdivision in accordance with such approval and pursuant to the terms of this ordinance, the final subdivision plan shall remain valid for as long as the subsequent approvals are effective.

(1)

Expiration of final subdivision plans for planned developments. In the case of any planned development which has had it final master land use plan or site development plan, as applicable, approved as the final subdivision plan pursuant to section 14-405, such final subdivision plan shall be valid for the same time period set forth for the final master land use plan or site development plan, as applicable, pursuant to the development code.

(f)

Extensions of time. If, after review of an application for an extension of time, the subdivision committee finds that the developer could not proceed with platting or construction of the subdivision due to reasons beyond the developer's control, the subdivision committee may grant an extension in accordance with this subsection. Two (2) extensions may be granted for a total period of time not to exceed one (1) year from the original expiration date. Each extension shall only be valid for six (6) months and a new application must be submitted and reviewed for each possible extension. Provided, however, that any greater time granted under the development code for a planned development shall control.

(a)

General application of development procedure. The procedures and time frames set forth in section 14-413 and section 14-416 ("development procedure") shall apply to all developments required to file a plat, record a certified survey, or construct required improvements under the provisions of this ordinance.

(b)

Outline of development procedure and required approvals. The development procedure shall be commenced prior to the expiration of the final subdivision plan approval, as established in this ordinance, and all steps in the procedure must be completed within the required time frames in order for the applicable approval to remain valid.

(1)

After approval of the final subdivision plan the Developer shall apply for technical compliance review. Technical compliance shall be issued prior to recordation of any plat/survey which has been granted a required improvement waiver.

(2)

After issuance of technical compliance, the developer shall apply for land development permit review which, if approved, results in issuance of a land development permit. Issuance of the land development permit authorizes commencement of construction, which shall be in accordance with the construction procedure and time frames contained in sections 14-415 and 14-416.

(3)

The next step in the development procedure is recordation of the plat or survey, as applicable. Recordation of the plat or survey authorizes sale of lots.

(a)

Technical compliance application submittal. Prior to the expiration of the final subdivision plan approval and prior to the sale of lots and to commencing construction, the developer shall have prepared and shall submit to the city engineer an application for technical compliance review, which shall be accompanied by required fee and the required number as established by the city engineer, of the following documents and information, as applicable to the development:

(1)

Preliminary plat. The preliminary plat in compliance with the requirements of section 14-431.

(2)

Certified survey. Developments for which the requirement to plat has been waived pursuant to this ordinance shall submit the certified survey in compliance with the requirements of section 14-432.

(3)

Construction plans and supplemental engineering reports. Except when the requirement for installation of required improvements has been waived pursuant to section 14-408 of this ordinance, constructions plans for all the required improvements shall be submitted for each subdivision. Construction plans shall comply with the requirements of Section 14-415.

(4)

Site plan information. Every technical compliance application shall include the following information about the site plan upon which the submittal is based:

a.

Date of approval by site plan review committee.

b.

Exhibit number of site plan.

(b)

Review of the technical compliance submittal. Within thirty (30) days of receipt of a complete submittal, the city engineer shall review the submittal for conformity with this ordinance and shall advise the developer's engineer and developer of his findings in writing.

(1)

Submittal fails to meet ordinance. When the city engineer determines that the technical compliance application submittal does not meet the provisions of this ordinance, the written statement shall reference the specific article, section and paragraph or policy with which the submittal does not comply. Within sixty (60) days of receipt of the comments letter, the developer's engineer shall make the corrections or revisions as defined in the comments letter and shall resubmit the required documents and information. Failure to resubmit within the required timeframe shall be deemed an abandonment of the submittal and any subsequent submittal shall require a new technical compliance application.

(2)

Submittal meets ordinance. When the city engineer determines that the technical compliance application submittal meets the provisions of this ordinance, the submittal shall be deemed to technically comply with the provisions of the ordinance and a statement of technical compliance shall be issued.

(c)

Technical compliance. The statement of technical compliance ("technical compliance") shall be in writing and furnished to the developer and the developer's engineer. The statement shall contain the following conditions and information:

(1)

The name of the documents reviewed;

(2)

The amount of surety for the construction of required improvements, established in accordance with subsection 14-414(a)(6)c.1. of this ordinance;

(3)

The amount of recording fees due for recordation of the final plat or certified survey, which fees are payable to the clerk of the circuit court of Palm Beach County;

(4)

A requirement to submit with the land development permit application a copy of all applicable property owners' association documents; and

(5)

Any other conditions deemed necessary by the city engineer, which conditions shall be fulfilled prior to plat or certified survey recordation or completion of the required improvements or at such other time determined by the city engineer. Such conditions shall include, but not be limited to, submittal of supplementary material deemed necessary by the city engineer, such as (but not limited to) deeds, easements, covenants and other recorded documentation for access, drainage, or utility services, which service could not be accomplished through dedications or reservations on the plat.

(d)

Effect of technical compliance. Approval for technical compliance of the submittal is only an expression of acceptance of the subdivision layout as a guide to the preparation of the final plat and shall not constitute acceptance of the final plat. Technical compliance shall not be construed as authority for filing the plat or certified survey, as applicable, with the clerk of the circuit court of the county, nor as authority for the sale of lots with reference thereto.

(e)

Expiration of technical compliance. The statement of technical compliance shall expire six (6) months after its date of issuance. Failure to make a land development permit application submission prior to the expiration of the statement of technical compliance shall constitute an abandonment of the technical compliance application submittal and any subsequent submittal shall require a new technical compliance application.

(a)

Land development permit application submittal. Except when the installation of required improvements has been waived pursuant to section 14-408, the final plat or certified survey, as applicable, shall not be recorded until the developer has either installed the improvements or has guaranteed the installation of the improvements pursuant to the requirements of section 14-415 and 14-416. As the final step in the review procedures to obtain development approval under this ordinance, the developer shall have prepared and shall submit, prior to expiration of the technical compliance, an application for land development permit. the application for land development permit shall be accompanied by the required fee and the required number as determined by the city engineer, of the following documents as applicable to the development:

(1)

Final plat. Developments which are platting shall submit the final plat complying with section 14-431, and a check for the plat recordation, payable to the clerk of the circuit court of the county, in the required amount.

(2)

Certified survey. Developments for which the requirement to plat has been waived pursuant to this ordinance shall submit a check payable to the clerk of the circuit court of the county for the recordation of the survey. When construction plans are not required, the certified survey may be recorded without further review, provided, however, that the city engineer shall review any documents submitted in compliance with (3) below.

(3)

Property owners association and other documents. A copy of the property owners association documents and any other documents required by the city engineer as a condition of technical compliance shall be submitted. The property owners documents shall indicate the maintenance responsibility for improvements within the subdivision.

(4)

Construction plans and supplemental engineering information. Construction plans shall conform with the plans which received technical compliance or, if modified, shall be accompanied by a written statement of the developer's engineer which details and explains the modifications. Construction plans shall comply with the requirements of section 14-415, and prior to issuance of a land development permit, shall have all applicable approvals of requisite governmental agencies.

(5)

Certified cost estimate. The developer's engineer shall prepare and submit a certified cost estimate, which shall include the cost of installing all required improvements as required by section 14-432. In the alternative, the city engineer may, at his sole discretion, accept the contract price received by the developer for the construction of the required improvements.

(6)

Agreements for construction of required improvements. The application shall indicate whether the required improvements are to be constructed prior to recordation or after recordation of the plat or survey, and the applicable agreements shall be attached, as follows:

a.

When the required improvements are to be constructed after recordation: A bonded agreement for the construction of the required improvements, executed in triplicate, in the form approved pursuant to section 14-460. The agreement shall incorporate and have attached to it the guarantee required by c. below.

b.

When the required improvements are to be constructed prior to recordation: An agreement for the construction of the required improvements prior to recordation, executed in triplicate, in the form approved pursuant to section 14-460.

c.

Guarantees on construction of required improvements. All guarantees shall be in one (1) of the forms prescribed in this ordinance or in an alternate form approved pursuant to section 14-460. The guarantee shall be in an amount equal to one hundred ten (110) percent of the construction cost of the required improvements. The guarantee shall be in one (1) of the following types:

1.

Cash bond: The agreement may be secured by cash deposited by the developer with the city or in an account subject to the control of the city, and an agreement on such deposit or account. The developer shall be entitled to receive any interest earned on such deposit or account.

2.

Letter of credit: The agreement may be secured by an unconditional and irrevocable letter of credit issued to the city by a State of Florida or United States banking institution, in accordance with city policy. The expiration date of the letter of credit shall be at least three (3) months after the expiration date of the land development permit.

3.

Performance or surety bond: The agreement may be secured by a performance or surety bond obtained from a company having a best's rating acceptable to the city and guaranteeing that the all work will be completed in full accordance with the approved land development permit.

4.

Escrow deposit: The agreement may be secured by an executed escrow agreement, between the developer and a bank, approved by the city, and requiring that release of the funds is subject to city approval.

(b)

The city engineer shall examine the submittal for compliance with this ordinance. Within thirty (30) days of receipt of a complete submittal, the city engineer shall review the submittal for conformity with this ordinance and shall advise the developer's engineer and developer of his findings in writing.

(1)

Submittal fails to meet ordinance. When deficiencies exist, the city engineer shall reference in writing the specific article, section and paragraph or policy with which the land development permit submittal does not comply. The developer shall correct such deficiencies within thirty (30) days of receipt of the written report. Failure to respond within the given time shall deem the submittal abandoned and any subsequent submittal shall require a new application and submittal for a land development permit.

(2)

Submittal meets ordinance; land development permit. When the land development permit submittal meets the provisions of this ordinance, the city engineer shall, not later than fifteen (15) days from such determination, schedule on the next available board agenda the agreement for construction of required improvements, the land development permit, and, when applicable, the plat for approval by the board.

(3)

Land development permit. Except when installation of the required improvements have been waived pursuant to section 14-408 a land development permit shall be required prior to commencement of construction of any required improvement. The effective date of the land development permit shall be the date the board approves the agreement for construction of required improvements. The land development permit shall expire twenty one (21) months from the effective date, unless extended pursuant to section 14-416(b).

(a)

Duties of developer's engineer. When the development is to be engineered by more than one (1) firm, the developer shall appoint a single engineering firm or state registered professional engineer to coordinate the submission of the construction plans and construction of the required improvements.

(b)

Submittal requirements. Construction plans and supplemental engineering information shall be submitted under separate cover for each of the categories of improvements listed in this section.

(1)

Submittals for required improvements. The following construction plans shall be submitted for the required improvements set forth in section. 14-432, when applicable. Construction plans shall be signed and sealed by a state registered professional engineer and shall be submitted in the number required by the city engineer.

a.

Paving, grading and drainage.

b.

Bridges: for each required submittal.

c.

Water and sewer systems:

1.

For technical compliance submittal: the proposed plans submitted for public health unit approval;

2.

For land development permit submittal: construction plans stamped for technical compliance and having public health unit approval.

(2)

Submittals for other improvements. Construction plans shall be submitted for the following additional improvements which the developer may elect to construct:

a.

Landscaping, guardhouse, gates or other structures within streets: for each submittal, one (1) set for minor streets, and two (2) sets for major streets.

b.

Landscaping and bulkheads, docks and other structures in water management tracts or lake maintenance easements: See section 14-417(a).

(3)

Completeness of construction plans. All construction plan submittals shall be so complete that from them a complete review and analysis can be made without research of any outside data. Design data, calculations and analyses shall also be submitted to address important features affecting design and construction and shall include, but not be limited to, those for design high water, drainage facilities of all kinds, subsurface soil data, alternate pavement and subgrade types, and radii at intersections when minimum standards of the department of transportation are inadequate.

(4)

Format and content of construction plans for required improvements. All construction plan submittals for the installation of required improvements shall consist of and contain, but shall not be limited to, the following:

a.

A cover sheet, including a vicinity sketch.

b.

Typical sections.

c.

Construction details showing compliance with city standards, or with any alternate design approved by the city engineer pursuant to section 14-417(c).

d.

Special profile sheets, if necessary, showing special or unique situations.

e.

Bench mark, based on NGVD (1929) datum.

f.

Special conditions and specifications pertaining to the subdivision in note form on the construction plans, such as, but not limited to, the following:

1.

Required compliance to this ordinance, including, but not limited to, all notes, information, data and drawings required by the provisions of chapter 2, required improvements.

2.

Where applicable, required compliance with state standards as currently adopted and in use.

3.

Minimum standards for materials.

4.

Test requirements for stabilization, base and backfill.

5.

Required installation of subsurface construction such as water lines, sewer lines, public utilities, and storm drainage prior to compaction of subgrade for roadway construction.

g.

When parking areas are required to be constructed by table 14-433-B, they shall be depicted on the construction plans, and the following information shall be clearly indicated:

1.

Designation of each clustered lot, and

2.

Designation of each parking area serving more than one clustered lot when such lots do not abut a street.

(3)

Final stormwater management plan: The technical compliance application shall include the final stormwater management plan, based upon and consistent with the preliminary stormwater management plan, in separate report form detailing the design of all secondary and tertiary stormwater management facilities, including, as a minimum, the following design data and information:

a.

Pre-development and post-development drainage basin maps showing site topography, drainage basins, catchment areas, and stormwater inflow/outflow locations for the site;

b.

Pre-development and post-development site characteristics affecting runoff such as ground cover, soil profile, wet season mean high water table elevations and recurring high water elevations in receiving watercourses or waterbodies;

c.

Individual catchment area characteristics used for design, including area, times-of-concentration, runoff factors, and breakdown of pervious/impervious areas;

d.

A statement of applicable design and/or performance assumptions and criteria for each part of the system providing drainage, treatment, or discharge control;

e.

Evidence of existing access to legal positive outfall(s);

f.

Complete hydrologic and hydraulic calculations for design of storm sewers, retention/detention area, and discharge structures;

g.

Identification of standard methods and/or proprietary models used for hydrologic and hydraulic analysis, noting that methods or models other than those of the department of transportation, South Florida Water Management District, SCS, the rational method, the SBUH method, the puls method or common modifications of such methods, may require additional documentation;

h.

A listing of specific city and South Florida Water Management District requirements used as the design basis for street drainage, lot grading, finished floor elevations, floodplain storage compensation, retention/detention volumes, and discharge limits.

(f)

Soils report. The technical compliance application shall include a soils report describing soil profiles of the work site to such depth and extent necessary to determine special design and/or construction needs. In lieu of items (4) and (5) below, the developer may submit as part of the report a certified statement from a state registered professional engineer that he has investigated the subsurface conditions of the site and has determined that such conditions are suitable for the work as shown on the construction plans. The soils report should include, but is not limited to the following:

(1)

A map, drawn to stated scale, showing boring, penetrometer, and/or test pit locations;

(2)

Results of each boring or other soil test, keyed to the map;

(3)

Soil profiles with horizons described according to the USDA, ASTM, or unified standard soils classified system;

(4)

Location and extent of muck, hardpan, marl, or other deleterious materials which may require special consideration in design and/or construction; and

(5)

Groundwater conditions which may require special consideration in design and/or construction.

(a)

Developer's duty. Upon issuance of the land development permit, the developer shall coordinate the construction with the city engineer.

(b)

Time of completion of required improvements. All required improvements shall be completed within twenty-one (21) months from the date of issuance of the land development permit.

(1)

A one (1) year time extension may be granted by the Board upon the recommendation of the city engineer. The developer shall present a written application and statement of justification for extension to the city engineer.

(2)

Completion prior to recordation. When the developer elected to complete required improvements prior to recording of the final plat or certified survey, the following requirements shall apply:

a.

The signed, final plat or certified survey, as applicable, shall be recorded upon approval of the document by the city engineer and acknowledgement of completion by the board of the required improvements pursuant to section 14-416(e).

b.

When the city engineer finds that the final plat or certified survey, as applicable, and completion of the required improvements is in compliance all requirements of this ordinance, he shall, as applicable, either schedule the final plat for the next available board meeting and upon approval, the plat shall be filed in the office of the clerk of the circuit court, or cause the certified survey to be recorded in the office of the clerk of the circuit court.

(3)

Completion after recordation. When the developer elected to guarantee the construction of the required improvements in order to complete same after recordation, the following requirements shall apply:

a.

Reductions in amount: Reductions in the amount of the guarantee may be approved by the board as follows:

1.

Cash deposit: The developer shall be entitled to secure draws from such deposits or accounts as installations progress at stages of construction established by the city engineer, but not more frequently than monthly. A draw from such cash deposit or account shall be made only when the costs of required improvements installed equal or exceed the amount of the draw requested, plus any previous draws made, and the city engineer has reviewed the required improvements and authorized the draw. The city engineer shall have the right to reduce the amount of any requested draw to an amount justified, based on his review of the required improvements. The city engineer shall also have the right to refuse to approve any requested draw, so long as the developer fails to be in compliance with any of the terms and conditions of the plat or plans and specifications for the required improvements.

2.

Personal bond with letter of credit: Semiannually during the process of construction and upon request by the developer, the city engineer may recommend to the city commissioners, for their approval, reduction in the dollar amount of the bond on the basis of work completed, provided, however, sufficient funds shall remain to complete the required improvements.

3.

Surety bond: Semiannually, except during the process of construction and upon request by the developer, the city engineer may recommend to the city commissioners, for their approval, reduction in the dollar amount of the bond on the basis of work completed, provided, however, sufficient funds shall remain to complete the required improvements.

4.

Escrow deposit: The release of funds from the Escrow shall be upon the written approval of the city, not more than once a month, and upon the recommendation of the city engineer in amounts due for work done to date, based on the percentage completion of the work multiplied by the respective work costs, less ten (10) percent and, further, that upon completion of the work, the city shall approve the release to the developer, on the recommendation of the city engineer, of any remainder to the developer.

b.

Release of guarantee. The guarantee shall only be released upon acknowledgement of completion of the required improvements made pursuant to section 14-416(e).

(c)

City use of funds; failure of developer to complete. The city, after thirty (30) days written notice to the developer, with a copy to the agency issuing the guarantee, shall have the right to any funds available under the guarantee to secure satisfactory completion of the required improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by this ordinance.

(d)

Administration of construction.

(1)

Construction standards. Construction standards shall be those prescribed in the current city construction standards and details and those prescribed by the current department of transportation standard specifications for road and bridge construction.

(2)

Inspections, reports, and stop work orders. The city engineer shall be notified in advance of the date of commencement of construction pursuant to the land development permit, and of such points during the progress of construction for which joint review by the city engineer and developer's engineer are required.

a.

Construction shall be performed under the surveillance of, and shall at all times be subject to, review by the city engineer; however, this in no way shall relieve the developer of the responsibility for ensuring close field coordination and final compliance with the approved plans, specifications and the requirements of this ordinance.

b.

The developer shall require progress reports of the construction of the required improvements from the developer's engineer. The developer's engineer may also be required to submit construction progress reports, directly to and at points of progress prescribed by the city engineer. The developer's engineer shall coordinate joint reviews of the construction with the city engineer at points specified by the city engineer.

c.

The city engineer shall have the right to enter upon the property for the purpose of reviewing the construction of required improvement during the progress of such construction. The city engineer shall have the authority to stop the work upon failure of the developer or his engineer to coordinate the construction of the required improvements as prescribed by this ordinance.

(3)

Measurements and tests. During construction, the developer's engineer shall make or cause to be made such measurements, field tests and laboratory tests necessary to certify that the work and materials conform with the approved development plans and the provisions of this ordinance. The city engineer may require, at his discretion, specific types and locations of tests and measurements which he deems necessary to demonstrate conformance with approved plans and specifications.

(4)

Engineer's certificate of completion. The required improvements shall not be considered complete until a certificate of completion and the final project records have been furnished to, reviewed and approved by the city engineer. The certificate shall be signed and sealed by the developer's engineer and shall be in the following substantive form:

"As a registered engineer in the State of Florida, to the best of my knowledge, information, and belief, it is my professional opinion that the subdivision required improvements for [(Plat Name)] based on field reviews under my responsible charge, have been constructed in substantial accordance with the approved construction plans and the Subdivision and Development Regulations of City of Pahokee, Florida, in effect on the date of plan approval. Attached, as itemized below, are copies of measurements, tests and reports made on the work and materials during the progress of construction, along with a "Record Drawing" copy of each of the construction plans on a high quality, time-stable, reproducible mylar, showing the original design in comparison to the actual finished work with all material deviations noted thereon. In my professional opinion, the deviations, if any, noted will not impair the intended functioning of the required improvement."

Attachments to this completion statement areas follows:

(Reports, measurements, tests, reproducible mylars and drawings shall be included.)

Dated:_____

_______
(Developer's Engineer)

Address:_______
_____

Phone:_______

(e)

Acknowledgment of completion and maintenance of required improvements.

(1)

Workmanship and material agreement. The developer shall execute an agreement guaranteeing the required improvements against defect in workmanship and material for one (1) year after acknowledgment of completion by the city commissioners. Said agreement shall be submitted to the city engineer along with the completion certificate, and project records.

(2)

Acceptance of dedication and maintenance of improvements. The acceptance of any dedication to the board of public space, parks, rights of way, easements or the like on the plat shall be by resolution of the board and shall not constitute an acceptance of the responsibility to maintain or improve the improvements by the city. Acceptance of the maintenance responsibility for dedications to the city shall be made by resolution of the board.

a.

Acceptance of dedications. The resolution accepting dedications to the board shall be adopted at the time of approving the recordation of the final plat.

b.

Acceptance of maintenance by board. The resolution accepting the responsibility to maintain and improve the improvements dedicated and accepted by the board shall be adopted at such time as all improvements meet or exceed the standards set forth by this ordinance. The city engineer upon satisfactory completion and receipt of the agreement shall certify that the developer has complied with all of the provisions of this ordinance and shall recommend to the city commissioners the acceptance of the maintenance of the required improvements.

c.

City completion of required improvements in recorded subdivisions. The city shall complete the required improvements, under the guarantees provided by the developer, when a plat has been recorded and the developer fails to complete the required improvements as required by this ordinance. In such case, the city commissioners shall direct the city engineer to call upon the guarantees to secure satisfactory completion of the required improvements. Notice of said call shall be deemed upon posting via certified mail. Upon the completion of such action, the city engineer shall report to the board and the board shall accept by resolution the dedication and maintenance responsibility as indicated on the plat. In such cases, the remaining guarantees posted by the developer shall be retained for a period of one (1) year after completion in lieu of the agreement. Any defects occurring during this period shall be repaired using funds remaining in the guarantee.

d.

Developer's failure to complete improvements in unrecorded subdivisions. Where a developer has elected to install the required improvements prior to recordation of the plat and fails to complete such improvements within the time limitations of this ordinance, all approvals of the subdivision shall be null and void and the land shall revert to its original state. No reference shall be made to the plat with respect to the sale of lots, issuance of building permits, unless and until the plat has been resubmitted with all of the supplementary material and approvals as herein prescribed have been granted.

(a)

Construction and landscaping in lake maintenance easements and water management tracts.

(1)

Declaration of intent. It is the purpose of this subsection(a) to allow for the construction or placement of structures and plants adjacent to, or over, water bodies within water management tracts; while, taking measures to ensure that adequate water quality and drainage will exist so as not to constitute a nuisance or be otherwise detrimental to the health, safety, general welfare, or convenience of the general public, or the persons responsible for, or affected by, a water body or water management tract.

(2)

Special definitions. Except as specifically defined in this subsection (a), all terms and phrases in this subsection (a) shall have the meanings set forth in section 14-402 and, for purposes of this subsection (a), the following terms shall also apply:

Bulkheads - structures of concrete, wood, or other permanent material affixed to the land adjacent to a water management tract or other water body for the purpose of establishing a vertical surface at the waters edge and stabilizing the land behind the bulkhead. Provided water control structures and endwalls around outfalls and bridges shall not be considered bulkheads.

Compensatory littoral zone or area - that underwater area within the water management tract or water body graded and planted in accordance with this Section VI as compensating for lost littoral zones from bulkheading or shading from structures over the water.

Decks, docks, piers - structures of concrete, wood or other permanent material affixed to the land, generally designed for pedestrian travel.

Lake finger - that portion of a deadend water body which is less than fifty (50) feet in width and longer than one and one-half (1 ½) times its width, as measured from the point at which the deadend water body is less than fifty (50) feet wide; provided, however, if said described portion of the deadend water body opens up to more than seventy five (75) feet wide and has a surface area of more than seventy-five hundredths (0.75) of an acre between the points at which it is fifty (50) feet wide or greater, said described deadend water body shall not be considered a lake finger if it is within two hundred fifty (250) feet of the lake of at least one (1) acre and one hundred (100) feet wide.

Landscape architect - an individual regulated by, and in compliance with, F.S. ch. 481, Pt. II.

Shrub - a self-supporting woody perennial plant more than thirty (30) inches in height at maturity, characterized by multiple stems and branches continuous from the base. It shall not include trees.

Tree - a self-supporting woody plant of a species normally growing to a mature height of at least fifteen (15) feet in the city.

(3)

Permit required. The placement or construction of trees, shrubs, or structures within any water management tract established for purposes of wet detention/retention in an open water body, or easement or berm adjacent thereto established for purposes of maintenance of the water body or water management tract or structures and facilities therein, is hereby prohibited, except in strict conformance with the provisions of this subsection (a)

(4)

Application requirements. Persons desiring to construct bulkheads, docks, piers or other structures within or along water management tracts or within lake maintenance easements, shall apply to the city engineer on the form required by the city engineer. Such application may be pursued independent of other applications, or may be part of an application for technical compliance or land development permit approval pursuant to this ordinance.

(5)

Authority of city engineer. The city engineer shall apply the standards set forth herein to approve the placement of trees or shrubs or construction or placement of structures within water management tracts or lake maintenance easements. The city engineer shall ensure that adequate conditions are imposed, and appropriate documents are executed and, if appropriate, recorded to ensure compliance with the provisions of this subsection (a) and approvals granted pursuant to this ordinance.

(6)

Bulkheads. The following criteria shall apply to bulkheads:

a.

Bulkheads may be constructed only on lakes having a surface area at the controlled water level of one (1) acre or more, and with an average minimum width of one hundred (100) feet lake fingers shall be excluded from the calculation of the lake size and dimensions.

b.

Bulkheads may not be placed along not more than thirty (30) percent of the perimeter of the lake as measured at the controlled water elevation. The bulkhead shall be constructed along the property line so as to establish building setbacks from the bulkhead. The perimeter and surface area of lake fingers shall not be included in calculating the perimeter and area. Bulkheads shall not be permitted within the lake finger. Bulkheads may be constructed on channels between lakes, provided the compensatory littoral area is located in the adjoining lakes and in close proximity to the bulkheaded channel. No outfalls may be permitted through bulkheads unless the water area adjacent to the bulkhead is at least fifty (50) feet wide. All shorelines of the lake shall be included in establishing the perimeter length.

c.

The bulkhead shall be designed and constructed in accordance with and pursuant to all applicable laws, statutes, ordinances, codes, rules, regulations, and approvals. All required permits shall be obtained. In the event other requirements are more stringent, those requirements shall prevail.

d.

Bulkheading shall not be permitted where the subject water body or water management tract is not being comprehensively designed to allow for bulkheading, compensatory littoral zones, and lake maintenance easements, all in accordance with the standards of this subsection 1017.1. If an existing development has a property owners' association, appropriate approvals shall be obtained.

(7)

Decks, docks, piers. The following criteria shall apply to the construction and maintenance of decks, docks, and piers.

a.

Decks, docks, piers or other structures shading the water may be placed in, on, or over the water management tract or lake maintenance easement, but shall not, in the aggregate, cover more than one and one-half (½) percent of the water surface of the lake at the controlled water level. The perimeter and surface area of lake fingers shall not be included in calculating the perimeter and area. All shorelines of the lake shall be included in establishing the perimeter length.

b.

Decks, docks, piers or other structures shall not be placed in, on, or over lakes having less than one (1) acre of surface area as measured at the controlled water level. Lake fingers shall be excluded from the calculation of the lake size and dimensions.

c.

Decks, docks, piers or other structures shall be designed and constructed in accordance with and pursuant to all applicable codes, rules, regulations, and approvals. All required permits shall be obtained. In the event other requirements are more stringent, those requirements shall prevail.

d.

Decks, docks, and piers shall not be permitted where the subject water body or water management tract is not being comprehensively designed to allow for docks, decks, piers, or other structures, compensatory littoral zones, and lake maintenance easements, all in accordance with the standards of this subsection (a). If an existing development has a property owners' association, appropriate approvals shall be obtained.

e.

"No Swimming or Diving" signs shall be posted by the property owner.

(8)

Structures or plantings. This subsection may be utilized for structures and plants that may be easily removed. It shall be utilized to allow the installation of structures in, on, or over lake maintenance easements, water management tracts, or water bodies and which will be removed at the expense of the property owner when necessary to accommodate the use of the lake maintenance easement, water management tract, or water body. The following criteria shall apply to the installation of structures and plantings made pursuant to this section.

a.

No structures, except as may be easily removed, shall be permitted in the lake maintenance easement. Examples of impermissible structures are houses, garages, concrete block walls, concrete decks, affixed permanent sheds, and pools. Examples of permissible structures are thatch sheds, wood decks, and non-concrete fences.

b.

Trees or shrubs shall not be planted, nor structures placed, in the lake maintenance easement where the planting or placement of such would obstruct access by equipment to outfalls or water control structures.

c.

A removal declaration in a form acceptable to the city attorney's office shall be recorded, at the expense of the property owner.

d.

The property owners' association's consent to the specific structures(s), tree(s), or shrub(s) shall be required where a property owners' association has the lake maintenance responsibility. If any other entity has an interest in the easement or a responsibility for lake maintenance, that entity's consent shall be required.

e.

Trees or shrubs planted pursuant to this subsection shall be those species permitted in the city landscape code.

(9)

Compensatory littoral zone. For each lineal foot of bulkhead as measured at the controlled water level sixteen (16) square feet compensatory littoral zone shall be provided in the same lake. For each square foot of surface area covered by a deck, dock, pier, or other similar structure as measured at the controlled water level, two (2) square feet of compensatory littoral area shall be established in the same lake; provided, on lakes of two (2) acres or less, a deck, dock, pier or other similar structure with a total area over the water not exceeding fifteen one hundredths of a percent (0.15) may be permitted without a compensatory littoral zone. On lakes of two (2) acres or more, decks, docks, piers or other similar structures with a total area over the water not exceeding one hundred thirty (130) square feet may be permitted without a compensatory littoral zone. The lineal distance of the littoral area shall be measured at the controlled water level. The maximum depth of the compensatory littoral area measured at the controlled water level shall be no more than two (2) feet. No drainage outfalls shall be placed so as to discharge within compensatory littoral areas. The compensatory littoral area shall be planted with species of plants and in accordance with the design, plans and specifications, and planting method approved by the city engineer. Said planting shall not be done until the construction of all structures within the water management tract and drainage easements associated therewith, and the final grading of the water management tract and the adjacent area draining directly into the water management tract is complete.

a.

Planting procedure and plans. The approval of the city engineer shall be received prior to planting. Plans shall be submitted to the city engineer at the time of final subdivision plan approval or, if no subdivision master plan approval is required; at the time of the submission of the preliminary plat; or, if none is involved, prior to commencement of construction, regrading, or modification. The plans shall detail the species of plants to be used, the location and dimensions of the compensatory littoral area, the location and dimensions of the structures(s) for which the compensatory littoral area is required, the method of planting and ensuring survival of the plants, and other reasonable matters required by the city engineer.

b.

Plans. The design and species shall be such that the plants as shown on the plans have an anticipated survival rate of at least eighty (80) percent at the end of one year after plantings. The signator of the plans and specifications shall have a personal familiarity with the site and soil conditions based upon a field review. The plans approved by the city engineer shall be signed and sealed by either: (1) a landscape architect; or (2) other appropriate professional licensed by the department of professional regulation who has a demonstrated expertise in the field of aquatic biology. After review and approval by the city engineer of the plans, the city engineer shall issue a permit.

c.

List of plants. The city engineer, upon the advice of professionals having expertise in the area of aquatic botany, shall maintain a list of acceptable species of plants for use in compensatory littoral zones, and the percentages of use, the locations of use, and any special circumstances or conditions related to such. The list may be amended for general application as more information becomes available. The list shall be open for public inspection and distribution at the land development division of the city engineer's office.

d.

Performance security. Upon completion of planting, and concurrently with the submittal of the certifications and as-built set drawing forth in subsections (9)e. and (9)f. the developer shall submit performance security with a term of fifteen (15) months from the date of the planting certification. It shall be in the amount of one hundred (100) percent of the estimated cost of regrading, and replanting, as approved by the city engineer. The form and terms of the performance security shall be approved by the city attorney's office. At a minimum, the performance security shall guarantee at least an eighty (80) percent survival rate at the end of one (1) year after the planting certification, as set forth below, and shall be subject to being levied against by the city engineer if such survival rate has not occurred. It shall be a separate document from that performance security required to ensure construction of other required improvements.

e.

Planting certification. The individual certifying the plans and specifications as set forth above, or, if not reasonably available, a landscape architect, or other appropriate professional with expertise in the field of aquatic botany and regulated by the department of professional regulation, shall certify to the director of community development, as follows:

The undersigned personally conducted on ________, 20_____, a field inspection and reviewed the plans and specifications, and, based upon such inspection and review, the installation of the aquatic plants is substantially in accordance with the code and the plans and specifications.

f.

Record drawings. Record drawings shall be submitted with the planting certification certifying the configuration of cross sections of the compensatory littoral zone at intervals not greater than fifty (50) feet.

g.

Six month survivability report. The individual certifying the plans and specifications as set forth above, or, if not reasonably available, a landscape architect, or other appropriate professional with expertise in the field of aquatic botany and regulated by the department of professional regulation, shall submit to the county department of community development a survivability report setting forth the percentage of survival of each species. The report shall be set forth conditions existing at six (6) months after the initial certification. It shall be submitted no later than the seventh (7th) month following the initial certification.

h.

Inspection to release performance security. Twelve (12) months after the date of the certification set forth in subsection (9)e., above the city department of community development shall, upon the written request of the developer, conduct an inspection to determine if the compensatory littoral zone is in accordance with the plans and specifications and the required survival percentage, as set forth in this subsection (a) has been achieved. The performance security shall be released only after the department of community development has approved the release in writing, or if the department of community development has not responded within thirty (30) days after receipt of the written request for inspection. If no written request for inspection is made to the department of community development within thirteen (13) months after the planting certification set forth below, the performance security shall be drawn upon. If an inspection by the department of community development reveals an unacceptable survival rate, the department of community development shall notify the developer and city engineer, and the performance security shall be drawn upon by the city engineer. Written notice of such shall be sent to the developer from the city engineer. If provisions are made and approved by the city engineer and the department of community development to ensure replanting and survivability in accordance with the specifications of this section, the city engineer need not draw the funds. Upon failure of the developer to comply with the provisions, the city engineer, upon the advice of the department of community development, shall notify the developer and draw upon the performance security.

i.

Littoral area of record. The compensatory littoral area shall be graphically or verbally identified on the plat or, if the plat is already recorded, by separate instrument to be recorded, and be specifically and separately dedicated to the property owners association as its perpetual maintenance responsibility, without recourse to City of Pahokee or other governmental entity or agency. The plat, or instrument shall provide that the compensatory littoral area shall exist from the edge of the controlled water level, as it changes, to a depth of not more than two (2) feet and with sufficient square footage to comply with the provisions of this Section. The property owners association is hereby deemed to have accepted such maintenance responsibility. The plat, property owners association documents, or other instrument of record shall contain the following statement:

"It is a punishable violation of City of Pahokee Laws, Ordinances, Codes, Regulations and approvals to alter the approved slopes, contours or cross sections, or to chemically or manually remove, damage, destroy, cut or trim any plants in the compensatory littoral zone in the water management tract except upon the approval of the City of Pahokee Department of Community Development. It is the responsibility of the property owners association to maintain the compensatory littoral zones."

(10)

Violations, enforcement, penalties. It shall be a violation of this ordinance to alter the approved slopes, contours or cross-sections or to chemically or manually remove, damage, destroy, cut, or trim any plants in the compensatory littoral zones except upon the approval of the city department of community development.

a.

Said violations shall constitute a violation of the City of Pahokee Environmental Control Act, Chapter 77-616, Special Acts, Laws of Florida, as amended from time to time, and shall be subject to the enforcement and penalty provisions of that Act and of the City of Pahokee Environmental Control Ordinance No. 78-5, as amended.

(11)

Repair, reconstruction modification. Any repair, reconstruction, or modification, except ordinary maintenance, to the water management tract, lake maintenance easement, compensatory littoral zone, or any planting or structure approved pursuant to this subsection (a), shall be done only after being approved pursuant to this section.

(b)

Dredge, fill and construction in water of the state.

(1)

Scope. When a developer designs a subdivision with waterfront property adjacent to existing or proposed waters of the state, including canals, lakes, streams, and wetlands, such subdivision shall comply and conform to the requirements of this subsection (b).

(2)

Easements or rights-of-way. Where a proposed subdivision is adjacent to existing or proposed waters of the state, there shall be provided a floodway or floodplain easement or a drainage right of way conforming substantially with the lines of such watercourse or water body and of such further width or construction or both as will be adequate for the purpose. Additional easement or of way width may be required where necessary for maintenance, safety and convenience. Each required easement and right-of-way shall be deeded or dedicated to the public or to the appropriate water control district. Maintenance responsibility and use limitations applicable to said easements and rights of way, or any facilities placed therein, shall be in accordance with all applicable permit conditions and shall be stated or referenced by note on the appropriate plat(s).

(3)

Design. Where canals, watercourses, lakes, streams, drainage ways or channels are adjacent to or exist upon the property to be subdivided, they shall retain natural characteristics or be so designed and protected that they do not present a hazard to life and safety. Except where bulkheads, retaining walls, or armored revetments are permitted and constructed, access waterways serving the subdivision shall have a side-slope no steeper than 4(H):1(V) from existing ground to a depth of six (6) feet below the annual mean water surface elevation or, in tidal waters, to a depth of two (2) feet below mean low water.

(4)

Permits. Where proposed dredge or fill or construction affects public property or sovereign land, the construction plans shall be approved by the governing agency having control over public property or sovereign lands. This requirements shall include the board of trustees of the internal improvement fund, corps of engineers, department of natural resources or any other public agency having jurisdiction in such matters. Prior to the construction of any seawalls, bulkheads, dock or pier, a construction permit shall be obtained from the city building department in addition to all required permits or expressed exemption from permitting for construction in waters of the state.

(5)

Dedication. Where canals, watercourses, lakes, streams, drainage ways or channels are proposed or exist upon the property to be subdivided, they shall be identified, dedicated and maintenance obligations defined on the plat. Where public rights for drainage purposes are proposed within a waterway, the easement shall be dedicated to the public, and the remainder of the waterway shall be dedicated reserved to a property owners' association or reserved for the use of the residents of a subdivision when the subdivision is developed as a condominium or cooperative development as defined by Florida Law, or in lieu of the foregoing, the waterway in its entirety may be dedicated to a legally constituted drainage district.

(6)

Maintenance. Rights-of-way or easements for canals, watercourses, lakes, streams, channels, or other water management areas shall be dedicated to the public, a drainage control district, or reserved to a property owners' association, homeowners, condominium or cooperative apartment association for the maintenance and operation of said enumerated water management areas.

(7)

Exceptions. This subsection (b) shall not apply to drainage easements containing subsurface drainage systems or drainage ditches permitted under this ordinance where the width does not exceed sixty (60) feet, nor does it apply to the operation or activities of a governmental water control district.

(c)

Alternate design, construction standards, and types of materials. Alternate designs, construction standards, and types of materials which, in the opinion of the city engineer, are equal or superior to those specified may be approved in accordance with this subsection.

(1)

Application requirement. Written application, as promulgated and amended from time to time by the city engineer, for such approval shall be accompanied by written data, calculations and analyses, and drawings which are necessary to show, by accepted engineering principals, that the proposed alternates are equal or superior to those specified or are necessary due to environmental considerations. Within forty-five (45) working days of receipt of such application, the city engineer shall either approve or deny the application and shall advise the developer's engineer and the developer in writing of his determination.

(2)

Environmental considerations. In the interest of the preservation of existing trees and other natural features at the developer's request, or as required by other regulations, the city engineer may vary the design and construction requirements upon presentation by the developer of substantial evidence that environmental conditions will be enhanced, that proper performance of the approved stormwater management system will not be impaired, and that safety, stability, and design life of structural improvements will not be compromised.

The city engineer shall adopt and amend, from time to time, the criteria for the certified survey. At a minimum, the certified survey shall meet the requirements for surveys established by Florida law.

Certified survey recordation. The certified survey shall not require approval of the board.

(a)

Preliminary plat. The preliminary plat shall meet the requirements of the final plat, except that it shall be submitted without the required signatures and seals. It may also be submitted without restrictive covenant documents, condominium documents, deeds or other legal documents not related to the survey or engineering design of the project.

(b)

Final plat. The final plat shall be prepared in accordance with the provisions of F.S. ch. 177, as amended, and shall conform to the requirements of this section.

(1)

The final plat shall be drawn or printed on twenty-four (24) inch by thirty-six (36) inch linen, chronoflex, mylar or other approved material.

(2)

The final plat shall be prepared by a land surveyor currently registered in the state and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one (1) inch equals one hundred (100) feet, or as otherwise determined by the city engineer.

(3)

Name of subdivision: The plat shall have a name acceptable to the city. When the plat is a new subdivision, the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plat is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision followed by a suitable phase designation or similar modifier, when applicable.

(4)

Title: The plat shall have a title printed in bold legible letters containing:

a.

The name of the subdivision, printed above and in letters larger than the balance of the title;

b.

The name of the city and state;

c.

The section, township and range as applicable or if in a land grant, so stated; and

d.

When the plat is a replat, amendment or addition to an existing plat of record it shall include the words "section, unit, replat, amendment, etc."

e.

Planned developments. All plats for lands in a planned unit development shall contain as part of the development's name, the phrase "PUD" within the title. Likewise, all other planned developments shall contain the appropriate acronym for such designation within the title.

(5)

Description: There shall be lettered or printed upon the plat a full and detailed description of the land embraced in the plat. The description shall show the section, township and range in which the lands are situated or if a land grant, so stated, and must be so complete that from it without reference to the map the starting point can be determined and the boundaries run.

(6)

Index: If more than one sheet is required for the map, the plat shall contain an index sheet on page 1, showing the entire subdivision on sheet indexing the area shown in each succeeding sheet and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision. When more than one sheet must be used to accurately portray the lands subdivided, each sheet must show the particular number of that sheet and the total number of sheets included, as well as clearly labeled match lines to each sheet.

(7)

Survey data: The final plat shall show the length of all arcs together with central angles, radii, and points of curvature. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, street, easement, and all other areas shown on the plat and all areas shall be within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include the following:

a.

The scale, both stated and graphically illustrated, on each sheet.

b.

A prominent north arrow shall be drawn on every sheet included showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend.

c.

The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters.

d.

All intersecting street lines shall be joined by the long chord of a minimum radius of twenty-five (25) feet and all dimensions shall be shown.

e.

All adjoining property shall be identified by a subdivision title, plat book and page or if unplatted, the land shall be so designated.

f.

Permanent reference monuments shall be shown in the manner prescribed by F.S. ch. 177, as amended. All information pertaining to the location of "P.R.M.s" shall be indicated in note form on the plat, such as underground installations, etc. Permanent control points and permanent reference monuments shall be designed and set as prescribed by F.S. ch. 177, as amended, and this ordinance.

g.

There shall be reserved on each sheet of the plat a three (3) inch by five (5) inch space in the upper right-hand corner to be used by the clerk of the circuit court for recording information and each sheet shall reserve three (3) inches on the left margin and a half (½) inch margin on all remaining sides.

h.

The map shall mathematically close within 0.01 feet and shall be accurately tied to all city township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter section corner or section corner or government corner.

i.

The cover sheet or first page of the plat shall show a vicinity sketch, showing the subdivision's location in reference to other areas of the city.

(8)

Lot and block identification: Each lot and block shall be numbered or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block. Blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision.

(9)

Street names: The plat shall contain the name of each street shown on the plat. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, excluding a numerical system, duplicate or be phonetically similar to existing street names, regardless of the use of the suffix street, avenue, boulevard, drive, place, court, etc.

(10)

Not included parcels: Not included or excepted parcels must be marked "not a part of this plat." Where a not included parcel is completely surrounded by areas included within the plat, sufficient easements or rights of way to provide necessary access, utilities, and drainage to the not included parcel shall be provided. No strip or parcel of land shall be reserved by the owner unless the same is sufficient in size and area to be of some particular use or service. The intended use of all reserved areas shall be shown on the plat in note form on the cover sheet.

(11)

Streets and easements: All street, right-of-way and easement widths and dimensions shall be shown on the plat. The plat shall show the name, location and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat, accurately tied to the boundary of the plat by bearings and distances.

(12)

Restrictions, reservations and restrictive covenants: The following actions, circumstances and restrictions shall require the establishment of restrictive covenants and such covenants shall be noted on the plat:

a.

The establishment, use and maintenance of private streets, parking areas which are required to be shown on the plat, open space, buffer areas and walls, drainage and other easements, water management tracts and other water management areas and common recreation facilities;

b.

The creation or existence of a property owners association;

c.

Restrictions pertaining to the type and use of water supply; type and use of sanitary facilities; use and benefits of water areas, canals and other open spaces; odd-shaped and substandard parcels;

d.

Restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature. Documents pertaining to restrictions regarding land use shall be submitted with the final plat and shall be approved by the city attorney prior to recordation of the plat.

(13)

All streets and their related facilities which are designed to serve more than one lot or dwelling unit shall be dedicated to the public use, unless otherwise required or permitted by this paragraph or elsewhere in this ordinance. Any street and related facilities which is to be reserved as a private street, as permitted by this ordinance, shall be identified as a tract for street purpose. Such street tracts shall be reserved as the perpetual maintenance responsibility of the named owners or property owners association without recourse to the city or any other public agency. Private Streets may only be permitted when such streets are subject to a recorded declaration of covenants subjecting the streets to the jurisdiction and control of all lot owners deriving access from such streets, their successors and assigns. When parking areas are required to be constructed by section 14-433(b), they shall be reserved to and shall be the perpetual maintenance of a property owners' association, which association shall have jurisdiction over the parking area and the clustered lots. Parking areas and any related facilities shall be clearly identified and reserved as tracts for parking and access purposes.

(14)

Restriction on use of easements. The plat shall contain a statement that no buildings or any kind of construction or trees or shrubs shall be placed on easements which interferes with the dedicated use of the easement or which do not have the prior written consent of all easement beneficiaries. Prior to issuance of any permit to construct or plant in such easement, a removal agreement, signed by the property owner and witnessed by two witnesses, shall be recorded in the public records of the city. Said removal agreement shall be recorded and run with title to the land and covenant for the current and future owners that the building, structure or plantings, as described therein, shall be removed at the owner's expense when requested by the easement beneficiary or the city.

(15)

Certification and approvals: The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by law, all being in the form set forth in this ordinance:

a.

Dedication and reservation: In addition to the other dedication and reservation requirements of this section, the purpose of all reserved areas shown on the plat shall be defined in the dedication on the plat. All areas reserved for use by the residents of the subdivision shall be so dedicated. All areas dedicated for public use, shall be dedicated by the owner of the land at the time the plat is recorded. Such public areas include, but are not limited to, parks, rights-of-way for streets or alleys, however the same may be designated; easements for utilities, rights-of-way and easements for drainage purposes and any other area, however designated.

b.

Mortgagee's consent and approval: All mortgages along with the mortgagee's consent and approval of the dedication shall be required on all plats where mortgages encumber the land to be platted. The signature(s) or [of] the mortgagee or mortgagees, as the case may be, must be witnessed and the execution must be acknowledged in the same manner as mortgages are required to be witnessed and acknowledged. In case the mortgagee is a corporation, the consent and approval shall be signed in behalf of the corporation by the president or vice president and the secretary or an assistant secretary, respectively, by and with the authority of the board of directors.

c.

Certification of surveyor: The final plat shall contain the signature, registration number and official seal of the land surveyor, certifying that the plat is a true and correct representation of the land surveyed under his responsible direction and supervision and that the survey data compiled and shown on the plat complies with all of the requirements of F.S. ch. 177, as amended, and this ordinance. The certification shall also state that permanent reference monuments, "P.R.M.", have been set in compliance with F.S. ch. 177, as amended, and this ordinance. When the permanent control points, "P.C.P.'s", are to be installed after recordation, the certification shall also state that the P.C.P.'s will be set under the direction and supervision of the surveyor within one (1) year from the date the plat was recorded. When required improvements have been completed prior to the recording of a plat, the certification shall state that P.C.P.'s have been set in compliance with the laws of the state and ordinances of the city.

d.

Board approval: The plat shall contain the approval and signature block for the city commissioners and the acknowledgement and signature block of the clerk of the circuit court. Upon adoption of a resolution approving the plat, the chairman of the board shall execute the plat and the plat shall be presented to the clerk of the circuit court by the city engineer for recording.

e.

City engineer: The plat shall contain the approval and signature block of the city engineer.

f.

Certification of title: The face or first page of the plat shall contain a title certification. The title certification must be an opinion of an attorney-at-law licensed in Florida, or the certification of an abstractor or a title insurance company licensed in Florida, and shall state:

1.

That the lands as described and shown on the plat are in the name, and apparent record title is held by the person, persons or organizations executing the dedication;

2.

That all taxes have been paid on said lands as required by F.S. ch. 177, Pt I, as amended; and

3.

All mortgages on the land and indicate their official record book and page number.

g.

Instrument prepared BY: The name and address of the natural person who prepared the plat shall be contained on the plat as required by F.S. § 695.24, as amended. The name and address shall be in statement form consisting of the following words:

This instrument was prepared by

_______
 (name)

_______
 (address)

(c)

Special requirements for mobile home, recreational vehicle, and manufactured housing subdivisions: Areas to be subdivided for the purpose of a mobile home, recreational vehicle or manufacture housing development shall also comply with this subsection. Except as to the lots indicated for other purposes, the dedications and reservations on the plat of a mobile home subdivision shall include the following additional provisions or wording equal thereto: "Said owner(s) hereby reserve(s) the lots shown on the plat exclusively for (mobile home, recreational vehicle, or manufactured housing), parking and uses incidental thereto, and, except as to these lots, mobile home or trailer parking is prohibited elsewhere." Areas indicated as parks or playgrounds are to be reserved for the use of the owners of the lots shown on the plat.

(a)

Minimum required improvements for all developments. Except when waived pursuant to section 14-408, the improvements set out herein shall be the minimum required improvements for all development in order to provide the physical improvements necessary to implement certain performance standards, objectives and policies of the capital improvements element and other elements of the comprehensive plan. These required improvements shall be installed prior to recordation of the plat or certified survey unless the developer furnishes a guarantee assuring their installation in accordance with the provisions of this ordinance. Except as provided in this section, the cost of all required improvements shall be guaranteed.

(1)

Access and circulation systems: All streets and required sidewalks, and, when required under section 14-433(a)(2)a., parking areas shall be constructed by the developer in accordance with the design and construction requirements of section 14-433. The guarantee for these requirements shall be as follows:

a.

The cost of installing all street improvements shall be guaranteed.

b.

The cost of installing parking areas need not be guaranteed since the plat establishes legal access and such areas are required to be installed prior to issuance of the certificate of occupancy.

c.

Except as provided in this paragraph, the cost of installing the sidewalks and paths pursuant to the approved pedestrian circulation system shall be guaranteed. The required guarantee may be waived by the city engineer when the paving, grading and drainage plans contain a note, acceptable to the city engineer, stating that such sidewalks or paths will be constructed concurrent with construction of the dwelling unit for such abutting lot. Installation of sidewalks and paths in streets abutting open space, common areas, recreation areas, water management tracts, and other areas which will not have a dwelling unit constructed thereon shall be guaranteed.

(2)

Land preparation: The developer shall grade and fill the land pursuant to section 14-434.

(3)

Stormwater management system: The developer shall install the secondary and tertiary systems for the development in accordance with section 14-435. Provided, however, that in subdivisions where the lot is intended for building construction, the final grading of lots, consistent with section 14-435 or any approved grading plan, shall be done in conjunction with unit construction.

(4)

Wastewater system: The developer shall install the required wastewater system for the development in accordance with section 14-437.

(5)

Potable water system: The developer shall install the required potable water system for the development in accordance with section 14-438.

(6)

Parks and recreation: The developer shall satisfy the requirements of section 14-436(b)(1). Only the installation of on-site recreation improvements shall be guaranteed, unless otherwise required by the city engineer.

(7)

Utilities: The developer shall satisfy the requirements for underground installation of water and sewer services and for utility site location, when applicable, of section 14-439.

(8)

Fire rescue services: The developer shall comply with the requirements of section 14-440. The cost of installing the required hydrants may be included in the cost for the central water system.

(9)

Subdivision design and survey requirements: Except when not required for a certified survey, the developer shall install the permanent control points in accordance with section 14-440(d). When the permanent control points are to be installed after recordation, the cost of installing permanent control points shall be guaranteed.

(b)

General design requirements. The design of the required improvements shall be in accordance with acceptable engineering principles. The design of required improvements shall be accomplished in such a manner that they shall be equal to or exceed current city standards and those contained in this ordinance. Should the developer elect to provide improvements in excess of the minimum requirements, such improvements shall be considered on an individual basis. All such alternatives shall be submitted for approval by the city engineer in accordance with section 14-417(c).

(a)

Vehicular circulation systems.

(1)

Required improvement to be constructed by developer. All streets, required alleys and related facilities required to serve the proposed development shall be constructed by the developer. The construction shall consist of, but not be limited to, street grading, base preparation, surface course and drainage. All streets, whether intended for public dedication or private reservation and use, shall be constructed to the minimum standards established by this ordinance and the city standards. Additionally, the developer shall construct any parking area within a development which provides access to clustered lots that do not have a front property line in common with a street. Construction of such parking areas shall be completed prior to issuance of any certificate of occupancy for any dwelling unit located on a clustered lot served by such parking area. Construction of the parking area may be done in conjunction with building construction on the lot the area is to serve. When such construction is to be done, the paving, grading and drainage plans shall be noted in a form acceptable to the city engineer. When the parking area is to be completed upon building construction, prior to issuance of the certificate of occupancy for any dwelling unit or building served by such parking area, the developer shall execute a certificate of compliance on a form approved by the building department. Such certificate shall state that the parking area was completed in accordance with the requirements of section 500.17 of the development code.

(2)

Minimum access requirement. There is hereby established a hierarchy of access. Except when a lot is permitted by the unified development code to have its front line abutting or coincide with the line of a parking area or parking lot, each proposed LOT shall abut a means of vehicular access meeting or exceeding the minimum requirement set forth in Chart 1 14-433-A Chart of Access Hierarchy.

a.

Parking areas: When access to a lot is permitted by the unified development code to be by a parking area, such parking area shall meet the requirements for off-street parking of the unified development code. When a parking area serves more than one (1) lot, it shall be dimensioned and depicted on the construction plans and reserved on the plat as a "parking tract" or "access tract." Said tract shall be reserved for parking and access purposes to the property owners association having jurisdiction over the parking area and the abutting lots.

b.

Driveways: When access to a lot is permitted by the development code to be by a driveway, such driveway shall not exceed twenty-five (25) feet in length except when approved by the city engineer. The city engineer may waive the length requirement if the driveway serves more than one (1) dwelling unit but not more than four (4) dwelling units and there exist unusual circumstances, including, but not limited to, topography, rural nature of use, lot size, and designation of the abutting lots as clustered lot, which, in the opinion of the city engineer, warrants the granting of an exception.

(3)

General design considerations. The proposed street layout shall be integrated with the city's traffic circulation network, and shall be coordinated with the street system of the surrounding area. Streets shall be classified and designed in accordance with the traffic circulation element of the comprehensive plan and Chart 1 14-433-B, minor streets, consideration shall be given to:

a.

Existing and planned streets;

b.

Relation to topographical conditions, to public convenience, safety;

c.

Relation to the proposed use of the land to be served by such streets;

d.

The continuation of existing streets in adjoining areas not subdivided;

e.

The proper projection of non-plan collector and plan collector streets;

f.

Carrying the proposed street system to the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands and to provide continuity of street systems; and

g.

Discouraging through traffic in the design of local and residential access streets.

(4)

Double frontage lots: Where a lot has two frontage lines, the frontage line shall be determined as follows:

a.

Residential lots: When one (1) line is adjacent to a non-plan collector street, or a major street, the frontage line for said lot shall be on a local street or street of a lower classification. The rear line of a lot adjacent to major street shall be buffered in accordance with the provisions of section 14-441(b).

b.

Non-residential lots: The line adjacent to or shared with the street of the lowest classification shall be the front line unless otherwise permitted by the development code.

(5)

Construction in muck or clay areas. Construction in muck or clay areas shall be done in accordance with the city standards.

(6)

Street connections (intersections) and, street jogs. Local street and residential access street connections to non-plan or plan collector streets shall be spaced a minimum distance of two hundred (200) feet, centerline to centerline. Intersections which warrant traffic signalization shall be spaced a minimum distance of one thousand three hundred (1,300) feet, centerline to centerline. Connection of local streets or residential access streets to arterial streets may be permitted by the city engineer only where other access is unavailable. Local street jogs with centerline offsets of less than one hundred twenty-five (125) feet are prohibited.

(7)

Through and local traffic. Through traffic shall be directed along non-plan collector streets within the subdivision. Local streets shall be laid out to accommodate local or neighborhood traffic and to discourage their use by through traffic.

(8)

Marginal access streets. Except as permitted by the city engineer, marginal access streets shall be designed and constructed to provide access to property abutting any major street in order to control access to major streets in the traffic circulation network and to afford separation of through and local traffic.

(9)

Railroads in or abutting subdivisions. When a subdivision borders on or contains a railroad right of way, a street approximately parallel to and on each side of such right of way may be required at a distance suitable for an appropriate use of the intervening land.

(10)

Alleys. Alleys may be required in subdivisions when they are necessary, in the opinion of the city engineer, to the subdivision for the safe and convenient movement of traffic and pedestrians. Alley intersections and sharp changes in alignment shall be avoided and alleys shall be constructed in accordance with the following criteria:

a.

Residential areas: Alleys shall be paved ten (10) feet wide in a minimum twelve (12) foot right of way, with appropriate radii for the intended use.

b.

Commercial and industrial areas: Eighteen (18) feet wide in a minimum twenty (20) foot right-of-way, with appropriate radii for the use intended.

(11)

Bridges and culverts. Bridges or culverts shall be provided as necessary to facilitate the proposed vehicle and pedestrian system. The bridge or culvert requirement is subject to the agency having jurisdiction over the facilities or as required by the proposed street layout of the development in conjunction with a proposed waterway. Bridges shall be designed in general accord with the current department of transportation practices and shall include planning for utility installation. They shall be reinforced concrete, however, other low maintenance materials may be used upon request and approval, having a clear roadway width between curbs two (2) feet in excess of the pavement width in each direction and shall provide four (4) foot wide sidewalks on each side. All bridge structures shall be designed for H-20-S16-44 loading, incorporating adequate erosion protection.

(12)

Street markers. Street markers shall be provided at each intersection in the type, size and location required by the current city standards. Street name signs shall carry the street name shown on the plat of record and shall be in compliance with the current city standards.

(13)

Traffic control devices. The developer shall install traffic control devices, including but not limited to, traffic lights on roads within and interfacing with the subdivision. A traffic impact analysis meeting the approval of the city engineer shall determine the traffic light requirements.

a.

Pavement or lane delineators. Pavement or lane delineators meeting the requirements of Palm Beach City shall be installed on all arterial streets. Upon approval by the city engineer of sufficient lighting, pavement or lane delineators shall not be required.

b.

The design of traffic control devices shall be in accordance with state standards, specifically, the Manual for Uniform Traffic Control Devices.

c.

Pavement widths. Pavement widths for streets, whether the street is dedicated as right of way or as a tract for street or access purposes, shall be in accordance with [Chart] 14-433-B.

(15)

Dead-end streets. Dead-end streets of a permanent nature shall be prohibited except when designed and constructed as a cul de sac in accordance with the city standards. Dead-end streets shall not exceed one thousand three hundred twenty (1,320) feet in length except where natural geographic barriers exist necessitating a greater length.

(16)

Materials and construction. Pavement construction shall consist of, at a minimum, a subgrade, base and wearing surface. All materials and construction shall be in accordance with the current city standards.

(17)

Stabilized shoulders. On all streets with a width of fifty (50) feet or more, stabilized shoulders shall be provided for distress lanes unless non-mountable curbing or paved lanes are provided. Sod, when required, shall be installed prior to acceptance of the required improvements. No time extensions to any contract for the construction of required improvement will be granted on the basis of incomplete stabilized shoulders.

(18)

Street grades. Street grades shall be determined in relation to the drainage installations for the subdivision and shall be in accordance with city standards. Street grades shall be shown on the construction plans indicating the direction, percent of fall and a centerline lineal distance between control points.

(19)

Non-conforming streets. Streets which cannot meet the design and constructions standards of this ordinance or the city standards shall not be permitted except where satisfactory assurance for dedication of the remaining part of the street or reconstruction of the street in accordance with current criteria is provided. Whenever a tract to be subdivided abuts an existing half or partial street, the other part of the street may be required to be dedicated and constructed within such tract. A proposed subdivision that adjoins or includes an existing street which does not conform to the minimum street width requirements of these regulations shall provide for the dedication of additional land for such street along either one (1) or both sides of said street so that the minimum right of way requirements of these regulations can be established. The city shall not accept non-conforming streets for ownership or maintenance pursuant to this ordinance.

a.

Acceptance of non-conforming streets. The city shall not accept dedication of, title to or responsibility for maintenance of any street not conforming to the street width, pavement width and construction standards required by this ordinance or the city standards in effect at the time of the original construction of the street, unless the person(s) seeking such transfer of ownership or maintenance responsibility makes the street conform or provides assurances, in a form acceptable to the city attorney, that the expense of making such street conforming will not be borne by the general taxpayers. Acceptable forms of assurances include, but are not limited to, special taxing districts and performance bonds.

(20)

Limited access easements. Limited access easements shall be required along all non-plan collector streets and all major streets in order to control access to such streets from abutting property. Easements for controlling access to local and residential access streets may be required by the city engineer in order to ensure continued control of access to such streets from abutting property. All limited access easements shall be conveyed or dedicated to the city.

(21)

Street names. Proposed streets which are in alignment with other existing and named streets should bear the same name of the existing street. All street names shall have a suffix and in no case, except as indicated in the preceding sentence, shall the name of the proposed street duplicate or be phonetically similar to existing street names regardless of the use of the suffix street, avenue, boulevard, drive, place, court, etc. Department of Community Development shall administer this section.

(22)

Alignment, tangent, deflection, radii. Streets shall be laid out to intersect as nearly as possible at right angles. Multiple intersections involving the junction of more than two (2) streets shall be prohibited. The point of curvature of any local street shall not be closer than one hundred (100) feet to a curve at any intersection measured along the centerline from the extension of the intersecting street lines. All intersections shall be designed to provide adequate stopping and sight distance in accordance with the current edition of the Green Book. When the centerline of a local street deflects by more than ten (10) degrees, it shall be curved with a radius adequate to assure safe sight distance and driver comfort. Property lines at street intersections shall be the long chord of a twenty-five (25) foot or greater radius and street pavement return radii shall be a minimum of thirty (30) feet.

(23)

Street lighting. If street lighting is installed it shall be maintained by a property owners' association and said association should not be created exclusively for the purpose of maintaining street lighting. Unless street lighting installation conforms to the standards of the requisite utility company, street lights shall be placed outside of rights of way, road tracts, or any other areas designated for road purposes. Streets lighting shall be wired for underground service except where aerial service is permitted pursuant to section 14-439.

(24)

Median strips. Median strips which are part of a right of way may not be utilized for any purpose other than by the city or public utility. However a developer or property owner may install landscaping in a median strip or within shoulders in accordance with the unified development code and pursuant to any permitting requirements of the city engineer.

(25)

Subdivision entranceways. Subdivision entranceways consisting of walls, fences, gates, rock piles or other entrance features are not permitted within the median strip or other areas in a public street. Decorative entranceways must be constructed upon plots of land adjacent to a public street in compliance with applicable city codes and placed so as not to constitute a traffic hazard.

(26)

Guardhouses. A guardhouse, located so as not to create a traffic hazard, may be constructed in the median of an entrance to a subdivision having private streets. The minimum setback to a guardhouse shall be one hundred fifty (150) feet, measured from the extension of the intersecting street lines, unless waived by the city engineer. Two (2) lanes shall be required on each side of the median in the area of the guardhouse.

14-433-A

CHART OF ACCESS HIERARCHY

Major streets: Streets which constitute the traffic circulation network as contemplated under the comprehensive plan. Listed from highest to lowest category.

Expressway

Arterial

Plan Collector

Minor streets: Streets which constitute the internal circulation network of a development and which are not classified as a major street. Listed from highest to lowest category.

Non-Plan Collector

Marginal Access

Local streets:

  Standard Local

Residential Access:

40 FOOT

32 FOOT

Alley (secondary access only)

14-433-B
CHART OF MINOR STREETS

l = limited to clustered lots only.

*Exceptions: The following are exceptions to or excluded from the above requirements:

(1)

Streets within rural subdivision shall be a minimum of sixty (60) feet when the are to be unpaved.

(2)

Residential lots permitted by the unified development code to abut a parking area or parking lot are excluded.

(3)

Commercial and industrial lots permitted by the unified development code to abut a parking area or parking lot are excluded.

Other restrictions:

(1)

Dead end length of all classifications limited to one thousand three hundred twenty (1,320) feet unless otherwise approved by the city engineer.

(2)

Pavement width does not include any required paved shoulder width.

(b)

Pedestrian circulation system.

(1)

Requirement for sidewalks. Except as provided in this section, sidewalks shall be constructed on both sides of all streets. For marginal access streets and streets with a width of less than 50 feet and greater than thirty-two (32) feet a sidewalk on one (1) side is required, and no sidewalk is required in streets with a width less than thirty-two (32) feet. Required sidewalks shall be constructed by the developer except as provided in paragraph (2) below.

(2)

Master pedestrian circulation plan; waiver of requirement. The subdivision committee may approve a master pedestrian circulation plan and, upon such approval, may waive, in whole or in part, the requirement for sidewalks within a plat when it finds that the pedestrian circulation system meets or exceeds the continuity and safety of the pedestrian system which would be provided by the required sidewalks. The master pedestrian circulation plan shall be for all property encompassed by the final subdivision plan.

a.

Requirements for master pedestrian circulation plan: The developer may apply to the subdivision committee for waiver of one (1) or more required sidewalks within a subdivision. An application, the required fee and the required number of copies of a master pedestrian circulation plan shall be filed with the city engineer for placement on the agenda of the subdivision committee. The master pedestrian circulation plan shall be a reproducible copy of the approved final subdivision plan and shall not be of a size smaller than the approved final subdivision plan. The plan shall be modified, when necessary, to include the following information:

1.

The number and type of dwelling units, and the location of all lots.

2.

The classification and dimension of all streets.

3.

The location, dimension and type of all paths, including sidewalks to be contained in the street lines and bicycle paths.

4.

Location of connections to pedestrian systems outside the development.

b.

Upon approval of a master pedestrian circulation plan, a copy of the approved plan shall be forwarded to the zoning department, building department and metropolitan planning organization.

(3)

Maintenance responsibility of sidewalks and paths. The control, jurisdiction and maintenance obligation of paths not located within the street and of sidewalks within private streets shall be placed in a property owners association or an improvement district which shall agree upon the plat or by a separate instrument filed in the public records to accept such obligation.

(4)

Reduction of street width. When pedestrian circulation is to be accomplished solely by paths, the subdivision committee may reduce the street widths required by this ordinance or the city standards by no more than eight (8) feet if such reduction would not reduce the street's carrying capacity, and safety nor compromise the safety of pedestrians.

(5)

Crosswalks. When the block length exceeds nine hundred (900) feet, crosswalks between streets may be required where deemed essential by the city engineer to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

(a)

Minimum required improvement. The developer shall be required to clear all rights of way and to make all grades for streets, alleys, lots and other areas, compatible with on-site tertiary drainage patterns established by the approved drainage design.

(b)

Replacement of unsuitable materials within the streets and proposed public areas shall be satisfactory to and meet with the approval of the city engineer, who shall require soil tests of the backfill and the underlying strata at the cost of the developer to certify the extent of removal, type of replacement material and method of placement.

(a)

Minimum required improvement. The following shall be the minimum required improvement for all developments to implement the level of service under the drainage subelement and capital improvements elements of the comprehensive plan.

(1)

A complete, fully functional tertiary drainage system, including necessary lot grading, ditches, canals, swales, storm sewers, drain inlets, manholes, headwalls, endwalls, culverts, and other appurtenances, shall be required in all subdivisions for the positive drainage of storm water runoff in conformance with the approved drainage plans.

(2)

A complete and fully functional secondary system shall be required in all subdivisions in conformance with the approved stormwater management plan.

(3)

A means to convey all stormwater discharge from the development site to at least one (1) point of legal positive outfall shall be provided as an integral part of the required stormwater management system, including construction of all necessary conveyance facilities and establishment of appropriate easements for operation and maintenance of said off-site facilities.

(4)

Adequate physical and legal means shall be provided to ensure the continued conveyance of all pre-development flow of surface waters into or through the development site from adjacent lands. Unless otherwise specified by ordinance, regulation, or condition of development approval, such conveyance may be accomplished by incorporating the inflow into the on-site stormwater management system or diverting the inflow to its pre-development location of outflow from the development site, including construction of all necessary conveyance facilities and establishment of appropriate easements to accommodate said inflow.

(5)

All temporary and/or permanent facilities necessary to meet requirements for stormwater treatment, off-site discharge control, and conveyance of existing inflows applicable to that portion of the site under construction must be in place and operational at the time of commencement of construction, and shall be maintained by the developer until such time that all required improvements are acknowledged as complete.

(b)

General criteria. Secondary and tertiary drainage facilities for each subdivision, and for each lot, street, and other development site within the subdivision, shall be designed and constructed so as to:

(1)

Prevent flooding and inundation to a degree consistent with levels of protection adopted by the comprehensive plan for buildings, streets, lots, parking areas, recreational areas, and open space;

(2)

Maintain stormwater runoff rates at levels compatible with safe conveyance and/or storage capacities of drainage facilities and established legal limits applicable to receiving waters at the point of discharge;

(3)

Mitigate degradation of water quality and contravention of applicable state water quality standards in surface and groundwaters receiving stormwater runoff;

(4)

Provide facilities for conveyance to legal positive outfall of all allowable discharges of stormwater runoff from each development site without causing or contributing to inundation of adjacent lands;

(5)

Provide for continued conveyance of pre-development stormwater runoff and surface waters that flow into or through the development site from adjacent lands;

(6)

Provide for long-term, low maintenance, low cost operation by normal operating and maintenance methods;

(7)

Provide for necessary maintenance of the pre-development range of groundwater levels to prevent adverse impacts on land uses and water resources of the development site and adjacent lands; and

(8)

Promote percolation, recharge, and reuse of stormwater.

(c)

Hydrologic design data. Unless otherwise specified by a particular design or performance standard, hydraulic and hydrologic data used in design of stormwater management facilities shall be based on:

(1)

Rainfall intensity-duration-frequency curves for FDOT-Zone 10;

(2)

Rainfall hyetographs of twenty-four (24) hour total rainfall as published in South Florida Water Management District - Management and Storage of Surface Waters Permit Information Manual - Volume IV;

(3)

Rainfall quantity (or intensity) vs. time distributions in accordance with those published by SFWMD, or FDOT, or the SCS - Type II (South Florida Modified) distribution;

(4)

Post-development runoff characteristics, such as slopes, available soil storage, runoff coefficients, ground cover, channelization, and overland flow routing, applicable to the development site and contributory off-site areas after complete development has occurred;

(5)

Maximum operating tailwater elevations at the outlet of each conveyance or discharge facility, determined as the peak receiving water surface elevation resulting from a twenty-four (24) hour duration rainfall with a return period equal to that of the design storm applicable to the facility, or as otherwise established by the agency having operational jurisdiction over the receiving water elevation.

(d)

Design flood elevation determination. Unless otherwise specified by a particular design or performance standard, the 100-year flood elevation applicable to a development site shall be determined as the highest of:

(1)

The base flood elevation specified for the area of development located within zones designated A, AH, or A1-30 as delineated on the appropriate federal flood insurance rate map (FIRM);

(2)

The wind or current driven wave elevation specified for the area of development located within zones designated V1-V30 as delineated on the appropriate FIRM;

(3)

The inundation elevation obtained by adding the depth of shallow flooding to the area-weighted mean pre-development elevation of the area of development located within zones designated AO as delineated on the appropriate FIRM;

(4)

The 100-year inundation elevation established by SFWMD within specific sub-areas of the C-51 Canal and C-18 Canal watersheds pursuant to Chapter 40E-41, F.A.C.; or

(5)

Where not otherwise established by Chapter 40E-41, F.A.C., or by a city drainage plan adopted pursuant to the comprehensive plan, the maximum inundation elevation resulting from the total on-site storage of runoff produced by the 100-year, three-day rainfall event assuming fully developed site conditions and no discharge of surface water from the development site.

(e)

Tertiary system design and performance. The tertiary system shall consist of all drainage features and facilities such as storm sewerage, swales, gutters, culverts, ditches, erosion protection, and site grading necessary for the immediate drainage and rapid removal of stormwater from building sites, streets, and areas of other land uses subject to damage or disruption by inundation in accordance with acceptable levels of service as established by the comprehensive plan.

(1)

In order to provide for such levels of service, tertiary drainage for buildings and lots shall meet the following minimum requirements:

a.

The minimum finished floor elevation of the principal building(s) to be constructed on a lot or portion thereof shall be at or above the 100-year flood elevation applicable to the building site.

b.

Site grading immediately adjacent to the perimeter of each building shall be sloped so as to drain away from the structure.

c.

Each single family residential lot shall be graded to drain along or within its property lines to the street or parking area providing immediate access, unless adequate common drainage facilities in expressed drainage easements with an established maintenance entity are provided to accommodate alternative drainage grading.

d.

Each residential lot with gross area of one-quarter (¼) acre or less shall have a finished grade not lower than the maximum water surface elevation produced by the three (3) year, twenty-four (24) hour rainfall event in any detention or retention facility receiving stormwater runoff from the lot.

e.

Each residential lot with a gross area greater than one-quarter (¼) acre shall have a finished grade as in paragraph d. above within twenty (20) feet of any principal building site. The remainder of the lot shall be graded at sufficient elevation to ensure that inundation does not persist for more than eight (8) hours following cessation of the three (3) year, twenty-four (24) hour rainfall event, unless such area is designated for stormwater management purposes and included in an expressed easement for drainage, floodplain, or the like.

(2)

Local street drainage. Local streets shall have tertiary drainage meeting or exceeding the following minimum requirements:

a.

The minimum edge of pavement elevation of any street segment shall be no lower than two (2) feet above the control elevation of any detention or retention facility receiving runoff from that segment.

b.

Roadside swales shall conform to applicable City standards and shall be designed and constructed such that:

1.

The flowline gradient is at least thirty hundredths (0.30) percent, but not greater than two and one-half (2.5) percent unless approved erosion protection is provided;

2.

The flowline gradient is equal to or slightly exceeds the longitudinal gradient of adjacent pavement;

3.

The water surface elevation of swale flow resulting from peak runoff based on the three (3) year rainfall event shall remain below the adjacent edge of pavement at any point along the swale run. However, at least one (1) storm sewer inlet or other acceptable discharge facility shall be provided for every six hundred (600) linear feet of swale, and no single swale run shall exceed four hundred (400) feet to an inlet; and

4.

The soil adjacent to each inlet is protected from local scour by installation of a four (4) foot wide perimeter apron sod or concrete.

c.

Curb and gutter drainage shall conform to applicable city standards and shall be designed and constructed such that:

1.

The flowline gradient is at least twenty hundredths (0.20) percent;

2.

The water surface elevation of flow resulting from peak runoff based on the three (3) year rainfall event shall not exceed the adjacent centerline elevation of pavement at any point. However, at least one (1) storm sewer inlet or other acceptable discharge facility shall be provided for every six hundred (600) linear feet of pavement, and no single gutter run shall exceed four hundred (400) feet to an inlet; and

3.

Surface flow of runoff across street intersections is prevented by provision of corner inlets and cross drains or by grading of gutters to flow away from the intersection.

(3)

Non-plan collector street drainage. Non-plan collector street shall have tertiary drainage meeting all appropriate requirements for local streets except that:

a.

Conveyance capacity of road drainage facilities shall be based on peak runoff resulting from the five (5) year rainfall event; and

b.

The water surface elevation of gutter flow resulting from peak runoff based on the five (5) year rainfall event shall not exceed the adjacent centerline elevation of the outermost travel lane at any point.

(4)

Residential parking lot or area drainage. Each residential parking lot serving three (3) or more dwelling units and all non-residential parking lots shall have a finished grade elevation not lower than the maximum water surface elevation produced by the three (3) year, twenty-four (24) hour rainfall event in any retention, detention, or conveyance facility receiving storm-water runoff from the lot. However, where detention or retention is provided by subsurface exfiltration systems the finished grade shall be no lower than the maximum storage elevation produced by the five (5) year, twenty-four (24) hour event.

(5)

Storm sewerage. Storm sewerage shall be designed and constructed so as to meet or exceed the following requirements:

a.

All storm sewer system capacity design shall, at a minimum, provide for conveyance of peak inflow from the applicable catchment, based on the three (3) year rainfall event, such that the hydraulic gradient elevation does not exceed the grate or cover elevation at any inlet or manhole under tailwater conditions pursuant to paragraph 2005.3(e).

b.

Inlet times assumed for determining required street drainage system capacity shall not exceed ten (10) minutes, unless adequate justification for use of longer times is submitted.

c.

Storm sewer pipe shall have a nominal diameter of not less than fifteen (15) inches, or equivalent oval pipe size.

d.

Storm sewerage shall be designed to attain design flow velocities of not less than two and one-half (2.5) feet per second in all pipe runs serving two or more inlets, nor greater than ten (10) feet per second in any pipe run.

e.

A suitable access structure such as a manhole, junction box, or inlet must be installed at each junction or change in pipe size slope, or direction.

f.

The maximum pipe run between access structures shall be:

Three hundred (300) feet for fifteen (15) inch and eighteen (18) inch pipe

Four hundred (400) feet for twenty-four (24) inch - thirty-six (36) inch pipe

Five hundred (500) feet for forty-two (42) inch and larger pipe.

g.

All pipe used in the storm sewer system shall be either reinforced concrete or metal, covered by and conforming to current ASTM, AASHTO, or ANSI standard specifications for materials and fabrication of barrel and joints, and shall meet current FDOT standard specifications and policies applicable to the intended use.

h.

Concrete pipe shall have gasket joints.

i.

When metal pipe is used beneath pavement within a street, it shall be designed to provide a joint-free installation or, where joint-free installations are not feasible, shall be jointed with a twelve (12) inch wide band having a mastic or neoprene gasket providing a watertight joint. Other jointing techniques meeting or exceeding these requirements may be used upon submittal to and approval by the city engineer.

j.

Drainage pipe shall be fitted with headwalls, endwalls, inlets and other appropriate terminating and intermediate structures. Structure design shall meet or exceed city standards.

(f)

Secondary system design and performance. The secondary system, including all facilities and appurtenant structures for detention, retention, discharge, and conveyance to legal positive outfall, shall be designed and constructed to provide the degree of treatment and control of all stormwater runoff discharged from a development site necessary to meet the requirements of the agency having jurisdiction over receiving waters at the point(s) of legal positive outfall.

(1)

In addition to requirements expressly stated herein:

a.

Secondary facilities for development subject to permitting by individual or general permit from South Florida Water Management District pursuant to Chapters 40E-4, 40E-40, and/or 40E-41, F.A.C., shall meet all requirements for issuance of the applicable permit; and

b.

Secondary facilities for each residential, commercial, and industrial development exempt from South Florida Water Management District permitting pursuant to Chapter 40E-4, F.A.C., except an individual residential lot containing not more than two (2) dwelling units, shall be designed and constructed on site, or otherwise be provided through authorized connection to off-site secondary facilities, so as to: limit the discharge rate at the point of legal positive outfall to not more than the peak runoff rate produced by the site under pre-development conditions for both the three (3) year, one (1) hour and the twenty-five (25) year, seventy-two (72) hour rainfall events, and either:

1.

Detain the greater of the first one (1) inch of runoff or the total runoff from the three (3) year, one (1) hour rainfall event; or

2.

Retain the initial portion of runoff in an amount equal to one-half (½) of that required to be detained.

(2)

No discharge of stormwater runoff resulting from rainfall up to and including the twenty-five (25) year, seventy-two (72) hour event shall take place from a development site except by means of one (1) or more approved discharge structures, other than those existing inflows from off-site for which separate, approved means of conveyance through the site have been provided.

(3)

Facilities for conveyance of discharge to the point(s) of legal positive outfall shall be designed and constructed with adequate capacity to accommodate the combined flow from the applicable discharge structure(s) and all inflows from other contributory areas resulting from the twenty-five (25) year, seventy-two (72) hour rainfall event without overflow to adjacent lands.

(4)

Except where bulkheading is approved in accordance with section 14-417, each wet detention/retention facility designed for storage of stormwater runoff in an open impoundment shall have:

a.

Side slopes no steeper than 4(H):1(V) extending to a depth of at least two (2) feet below the design control elevation;

b.

side slopes no steeper than 2(H):1(V) from two (2) feet below control elevation to the bottom of the facility; and

c.

A continuous berm, at least twenty (20) feet wide and no steeper than 8(H):1(V), graded adjacent to the shoreline at an elevation not lower than the maximum design water surface elevation resulting from the three (3) year, twenty-four (24) hour rainfall event. Along portions of the impoundment where the design water surface is less than forty (40) feet wide at control elevation a berm shall be required on only one (1) side, provided that adequate legal and physical access is established from a local street to each separate segment of the remaining berm.

(5)

Dry detention/retention facilities designed for storage in open impoundments shall have side slopes no steeper than 4(H):1(V).

(6)

All normally exposed side slopes and maintenance berms of open impoundments shall be fully grassed or otherwise protected from erosion.

(7)

Each piped inlet to an open impoundment shall have a concrete or sand-cement rip-rap endwall designed and constructed with suitable foundation for installation on the slope or bed of the impoundment as applicable. However, the endwall may be eliminated on inlets to wet detention impoundments where the pipe is installed with the crown at least two (2) feet below the control elevation and with the pipe invert protruding at least two (2) feet beyond the side slope.

(8)

Stormwater runoff from pavement, roofs, and unpaved areas of compacted soil surfaces with no significant vegetative cover shall be directed over grassed, pervious soil surfaces as diffused flow prior to entering wet detention/retention facilities or dry detention facilities in order to promote infiltration, particulate deposition, nutrient removal, and interception of debris or other undesirable materials which may overload, pass through, cause nuisance conditions in, or increase maintenance needs of said facilities.

(9)

In order to protect against overdrainage of surrounding lands, no control elevation shall be lower than the pre-development average annual mean water table elevation of the detention facility site.

(g)

Drainage and maintenance access rights.

(1)

Each secondary system facility for detention or retention of stormwater runoff in an open impoundments shall be placed entirely within a water management tract dedicated or deeded to an acceptable entity responsible for operation and maintenance of the stormwater management system.

(2)

Except as otherwise provided pursuant to this ordinance, there is hereby required around each water management tract established for purposes of wet detention or retention in an open impoundment a lake maintenance easement a minimum of twenty (20) feet in width and graded at a slope no steeper than 8(H):1(V), coinciding with the required maintenance berm. The width of the easement shall be measured from the point at which the grade is not steeper than 8(H):1(V). Lake maintenance from a contiguous local street may be permitted by the city engineer in accordance with good engineering practices. Access to a lake maintenance easement from at least one (1) local street shall be established by expressed easement or other instrument of record. A lake maintenance easement shall be required on only one (1) side of the water body or water management tract if the distance is less than forty (40) feet between the points at which the grade is not steeper than 8(H):1(V). If the water surface at the control elevation is greater than forty (40) feet wide, a lake maintenance easement shall be required on both sides. No lake maintenance easement shall be required behind bulkheads; provided, however, an easement not less than ten (10) feet in width shall be provided behind bulkheads where necessary to provide access to outfalls.

(3)

Drainage easements. Drainage easements shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. Where swales are used, the width shall be adequate to accommodate the entire design section between tops of slope. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus twenty (20) feet on one (1) side for maintenance purposes. Drainage easements shall be provided to accommodate existing drainage of surface waters from off-site contributory areas. When a subdivision is traversed by existing canals, watercourses, streams, drainage ways or channels, there shall be provided a drainage easement or right of way conforming substantially with the lines of such watercourse and of such further width or construction or both as will be adequate for the purpose.

(h)

Certificate of compliance for lots. When the finished lot grading required by subsection 14-435(e)(1) and subsection 14-435(e)(4) is to be completed in conjunction with building construction, prior to issuance of the certificate of occupancy the developer shall submit to the building department a certificate of compliance from a Florida registered professional surveyor, engineer, or landscape architect. Such statement shall be in a form approved by the building department and shall state that lot grading was don in accordance with either the approved grading plan for the subdivision or, in the absence of such plan, in accordance with the applicable requirements of section 14-435(a) and section 14-435(d).

(a)

Citywide regional, beach or district parks and preservation/conservation areas. Where a planned beach, regional, or district park; or preservation/conservation area is shown on the city's comprehensive land use plan and included in a current five (5) year capital improvement plan; and a proposed development is located in whole or in part of said planned area, the developer shall be required to reserve such area for a period not to exceed two (2) years during which time the city shall either acquire the property or release the reservation. Such time period shall commence with an official action by the city commissioners on the developers or property owners petition for development of such area.

(1)

In order to ensure sufficient lands or funds or both to provide new regional, beach and district parks necessary to meet the need for such city level parks created by additional residential development, the developer shall comply with the provisions of the City of Pahokee Comprehensive Impact Fee Ordinance, No. 89-18, Division 2, Section 22.41, City of Pahokee Parks Impact Fees, as same may be amended from time to time.

(b)

On site recreational areas. In any proposed residential development, adequate provisions shall also be made for recreation areas to accommodate neighborhood and community park level recreational needs of the residents of the development. The recreation areas shall consist of a developed recreation area parcel and include recreational facilities of a type consistent with the needs of the residents and having convenient access for the residents of the development. The recreation area shall be reserved by the developer for the perpetual use of the residents of the development. The recreation area shall be the perpetual maintenance responsibility of the developer, or of a property owners association and their successor.

(1)

The on-site recreation requirements shall be met in one of the following forms:

a.

The recreation area shall be the equivalent of five (5) acres of land per one thousand (1,000) people population, based on two and four-tenths (2.4) people per unit, in dollar value of land and recreational facilities of a type suitable for general neighborhood or community park use of the residents of the development. The county property appraiser's assessed value of the land, as adjusted at time of final subdivision plan submission, shall be presumed to be the value in the absence of better evidence of value. In neither case shall the land dedicated nor the recreational facilities cost itself be credited for more than fifty (50) percent of the total requirement for the recreational area of this section. The value of the recreational facilities shall be determined by a certified construction cost estimate of the recreational facilities, prepared by the developer's engineer and verified by the parks and recreation department at the time of application for the first plat of the development. The requirements contained in this paragraph may be waived if adequate guarantee is provided prior to platting by the developer for the dollar value of the recreation areas required of this section.

b.

At the option of the parks department the developer may in lieu of or in combination with (a) above contribute the dollar value of the recreational area requirement of this section for the entire development at the time the first plat is submitted for recording. Such funds shall be held in a non-lapsing park and recreation trust fund for the acquisition and improvement of community or neighborhood parks according to the provisions of paragraphs b.1. and b.2. of this section.

1.

Monies deposited by a developer pursuant to this section shall be expended within a reasonable period of time for the purpose of acquiring and developing land necessary to meet the need for neighborhood or community parks created by the development in order to provide a system of parks which will be available to and substantially benefit the residents of the developed area. In accordance with the descriptions of neighborhood and community parks contained in the comprehensive plan, monies deposited by a developer pursuant to this section shall be expended to acquire or develop land for these park purposes not farther than five (5) miles from the perimeter of the developed land.

2.

The city commission shall establish an effective program for the acquisition of lands for development of community parks in order to meet, within a responsible period of time, the existing need for community level parks which will be created by further residential developments constructed after the effective date of this article. The annual budget and capital program of the city shall provide for appropriations of funds as may be necessary to carry out the city's program for the acquisition of land for community level parks. The funds necessary to acquire lands to meet the existing need for city level parks must be provided from a source of revenue other than from the amount deposited in the trust fund.

(c)

Open space credit. Where developed recreational facilities are provided within tracts required or credited for other open space purposes under the unified development code (i.e., buffer areas, natural preserves, utility easements, rights of way, drainage or water management tracts, etc.), only credit for the cost of approved facilities may be applied towards the recreation area requirement of section 14-436(b) only if the facilities are reserved for the use of the residents of the development.

(d)

Other Credits. Where private membership clubs, golf courses, and other recreational related facilities exclusive of a property owners association are provided in conjunction with the development, credit of one-half (½) the requirement of section 14-436(b) for recreation areas on a per capita basis for the entire development may be applied for those facilities which are available for the use of the residents of the development.

(a)

General requirement. Except in rural subdivisions, complete sewage collection system, sewage treatment and disposal shall be provided for all subdivisions. In the event individual sewerage facilities are allowed under requisite state and city regulations. The developer shall be required to deposit in escrow with the city for the purpose of constructing a sewage collection system, the amount of cash or a guarantee acceptable to the city equal to one hundred ten (110) percent of the sewage collection system's estimated construction and installation cost. The entire sewage collection system and treatment plant must be engineered and coordinated with the city.

(b)

Central system. The sanitary sewage system shall be designed by a professional engineer, registered in the State of Florida, conforming to acceptable standards of sound practices for sewage collection systems and shall conform to all requirements of state and city authorities. The entire sewerage collection system must be engineered and coordinated with the city's overall plan. The appurtenances to the system shall be equal to or shall exceed the minimum requirements of the current city standards. Upon submittal of construction plans for a central sewage system as prescribed by this ordinance, the design engineer shall supply data, calculations and analyses showing important features affecting design including, but not limited to:

(1)

Number of units to be built;

(2)

The character of units and expected population or estimated flow of sewage from any unit designed for use other than domestic;

(3)

A flow chart indicating the number of proposed connections to the system and the anticipated flow of sewage to the sewer plant; and

(4)

Any other meaningful information necessary to arrive at estimates of amounts of character of sewage pertinent to the design.

(c)

Individual system. Where permitted, the individual sewage system shall meet the requirements of this ordinance and all requisite state and city authorities and laws and ordinances. Where an absorption field is required, the lot shall be designed, sized and developed to facilitate the installation of the tank and absorption areas to meet the requirements of all requisite state and city authorities. The location of the system not less than five (5) feet from any building, not less than five (5) feet from any property line and not less than ten (10) feet from water supply pipelines. The system shall not be located less than fifty (50) feet from the recurring high water line of lakes, streams, canals or other waters. The installation of the system shall be in areas having acceptable soil classifications and percolation tests meeting the requirements of the Florida Administrative Code.

(d)

Wastewater treatment and processing plants. Construction plans and specifications for sewage treatment and processing plants to serve a proposed subdivision shall be engineered and coordinated with the city's comprehensive plan and shall comply with the all requisite laws and ordinances.

(a)

General requirement. A complete water distribution and treatment system shall be provided for all subdivisions. In the event individual water facilities are allowed under requisite state and city regulations, the developer shall be required to deposit in escrow with the city for the purpose of constructing a water distribution and treatment system, the amount of the cash or a guarantee acceptable to the city equal to one hundred ten (110) percent of the system's estimated construction and installation costs. The entire system must be engineered and coordinated with the applicable city agency.

(b)

Central water system. The design of a central water system shall conform to the acceptable standards of sound practices for municipal water supply and fire protection systems. The system shall be designed to provide maximum day domestic requirements set forth in the comprehensive plan. The system shall be designed with minimum four (4) inch mains. Water mains shall be required on all streets and shall be looped. Sufficient storage for emergency pumping facilities shall be provided in accordance with the comprehensive plan. Materials used shall be acceptable to the city engineer. The distribution system shall provide connections to each individual not shown in the subdivision, to each public facility and where median strips are developed. The appurtenances to the system shall be equal to or exceed those required by current city standards. Plans for the system shall be fully approved by all requisite state and city authorities.

(c)

Individual water system. Where an individual water system is permitted the lots shall be designed to facilitate the system so that a well can be permitted in accordance with the city and other requisite state laws and regulations.

(d)

Water treatment and processing plants. Construction plans and specifications for water treatment and processing plants to serve a proposed subdivision shall be engineered and coordinated with the applicable city agency.

(a)

Required improvement. All utilities, including franchised utilities, power and light, telephone and telegraph, water, sewer, cable television wiring to street lights and gas shall be installed underground, unless such requirement is waived by the city engineer, as provided in this section. Utilities shall be constructed in easements as prescribed by this article. The developer shall make arrangements for utilities installation with each of the persons, firms or corporations furnishing utility service involved.

(b)

Easements. Utility easements twelve (12) feet wide shall be provided where necessary to accommodate all required utilities across lots and shall have convenient access for maintenance. Where possible easements shall be centered on lot lines. Where possible, utility easements should be provided for underground utilities across the portion(s) of the lot abutting a street or parking area. When a utility easement is to abut a street, the width may be reduced to ten (10) feet. Additional utility easements may be required by the city when, in the opinion of the city engineer, such easements are necessary for continuity of utility service between subdivisions or other development and where necessary for maintenance and service. Utility easements and drainage easements shall not be combined. Where crossings occur, drainage easements shall take precedent. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed by this ordinance for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations.

(c)

Application of article. This article shall apply to all cables, conduits or wires forming parts of an electrical distribution system including service lines to individual properties and main distribution feeder electrical lines delivering power to local distribution systems. This article shall not, however, apply to wires, conduits or associated and supporting structures whose exclusive function is in transmission or distribution of electrical energy between subdivisions, generating stations, substations and transmission lines of other utility systems, or perimeter lines located adjacent to a subdivision.

(d)

Exceptions to underground installation.

(1)

Standard exception for appurtenant, on the ground facilities. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of the underground distribution system may be placed above ground, but shall be located so as not to constitute a traffic hazard.

(2)

Exceptions requiring approval of city engineer. All other proposals for above-ground installation of utilities shall be submitted to the city engineer at the time of the preliminary submittal. Such request shall be made in writing and noted on the construction plans. The city engineer shall, at the time of the preliminary review, consider the request and all pertinent information, including but not limited to the construction plans, existing installations, and other information he deems necessary. The request shall be either approved or denied. Any approval granted pursuant to this subsection shall be set forth in writing, which may be by separate statement to the developer and the developer's engineer or may be part of the city engineer's response to the preliminary review.

a.

Any new service which, by virtue of an approved waiver made pursuant to this article, is allowed to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date.

(e)

Installation in streets. After the subgrade for a street has been completed, and before any material is applied, all underground work for the water mains, sanitary sewers, storm sewers, gas mains, telephone, electrical power conduits and appurtenances and any other utility shall be installed completely through the width of the street to the sidewalk area or provisions made so that the street will not be disturbed for utility installation. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled.

(a)

Required improvement. Fire hydrants shall be provided in all subdivisions, where central water systems are provided. Fire hydrants shall be provided in the manner prescribed in this ordinance.

(b)

Single family developments of less than five (5) units per acre. Fire hydrants shall be spaced no greater than six hundred (600) feet apart and not more than three hundred (300) feet to the center of any lot in the subdivision and shall be connected to mains no less than six (6) inches in diameter. The system shall provide capability for fire flow of at least seven hundred (700) gallons per minute in addition to a maximum day requirement at pressures of not less than twenty (20) pounds per square inch.

(1)

The system shall have the capability of sufficient storage or emergency pumping facilities to such an extent that the minimum fire flow will be maintained for at least four (4) hours or the current recommendations of the insurance services office, whichever is greater.

(c)

Multiple family developments of over five (5) dwelling units per acre, commercial, institutional, industrial or other high daytime or nighttime population density developments. In these areas fire hydrants shall be spaced no greater than five hundred (500) feet apart and the remotest part of any structure shall not be more than three hundred (300) feet from the hydrant and shall be connected to mains no less than six (6) inches in diameter. Fire flow shall be provided at flows not less than one thousand two hundred (1,200) gallons per minute in addition to a maximum day requirement at pressures of not less than thirty (30) pounds per square inch.

(d)

Charges made for the use of the fire hydrant or water consumed therefrom when a fire protection authority uses the fire hydrant in the performance of its official duty shall be as regulated by the public service commission.

(a)

Required improvement. The developer shall install the required buffering and, when recording a plat, shall comply with subsection (g).

(b)

Buffering. Residential developments shall be buffered and protected from adjacent expressways, arterials and railroad rights of way with a five (5) foot limited access easement, which shall be shown and designated on the plat, except where access is provided by means of a marginal access road or where such expressway, arterial or railroad right of way abuts a golf course.

(c)

Blocks.

(1)

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

a.

Provision of adequate building sites suitable to the special needs of the type of use contemplated;

b.

Zoning requirements as to lot size and dimensions;

c.

Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic; and

d.

Limitations and opportunities of topography.

(2)

Maximum length: Block lengths shall not exceed one thousand three hundred twenty (1,320) feet between intersecting streets. Provided, however, that greater lengths may be approved by the city engineer on an individual basis after considering such factors as but not limited to, lot size, the ADT, number of through streets, street layout and other engineering considerations, in accordance with acceptable engineering practices.

(d)

Lots. All lots shall have the area, frontage, width and depth required by the unified development code or applicable zoning approval. prevailing or approved use zone wherein aid lots are located.

(1)

Existing structures. When a subdivision is proposed upon land with existing structures that are proposed to be retained, lots are to be designed to as not to cause said existing structures to become nonconforming with respect zoning requirements.

(2)

Lots abutting major streets. When lots are platted abutting a major street, or non-plan collector access shall be provided by and limited to local streets or residential access streets. No access from individual lots shall be permitted directly to a major street.

(3)

Through lots. Double frontage lots or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. Where double frontage lots are developed they shall be buffered as required by this ordinance and unified development code.

(e)

Minimum safe sight distance at intersections. Corner lot lines at intersecting street lines shall be the long chord of a twenty-five (25) foot radius or of a greater radius where deemed necessary. The corner lots shall be designed to facilitate a safe intersection with respect to a sight distance, and a restriction shall be placed on the lot and defined on the plat prohibiting construction or plantings over thirty (30) inches high within the sight plan established in the design of the lot or adjacent street, based on the crown elevation of the street.

(f)

Soils. The plan shall show the location and results of test borings of the subsurface conditions of the tract to be developed. When nonpervious soils (hardpan or other nonpervious soils) or unstable soils (peat, muck, etc.) are encountered the plan shall reflect a satisfactory design to cope with such conditions. If the soil analysis reflects that the area contains hardpan or other nonpervious soils or contains peat, muck or other unstable materials, the city engineer shall require such additional design and construction as are necessary to assure proper drainage and development of the area. Test locations shall be mutually determined by the developer's engineer and the city engineer and shall be recorded as to location and result on the construction plans.

(g)

Survey requirements.

(1)

Where monuments occur within street pavement areas, they shall be installed in a typical water value cover as prescribed in the current city standards.

(2)

Permanent control points shall be installed as follows:

a.

Installation prior to recordation: Where required improvements are constructed prior to the recordation of the plat, the permanent control points shall be set prior to submission of the final plat and certified by the surveyor on the plat.

b.

Installation after recordation: Where required improvements are constructed after recordation, the permanent control points shall installed within one (1) year of recording the plat and shall be guaranteed as required by subsection 14-431(a)(9). In such case, the surveyor's certificate shall comply with subsections 14-430(b)(15) 14-432(b)(15)c.

(a)

Administration of variances. A variance from the literal or strict enforcement of the provisions of this ordinance may be granted by the board of adjustment in accordance with the provisions set forth in section 403 of the unified development code.

(b)

Variances shall not be granted unless a written application for a variance has been submitted to the city engineer demonstrating:

(1)

That special conditions and circumstances exist which are peculiar to the land;

(2)

That a literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties;

(3)

That the hardship claimed by the applicant is not self created, nor has been aggravated by the actions of the applicant;

(4)

That the granting of the variances requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands. No preexisting conditions of surrounding lands which conflict with this ordinance shall be considered grounds for the issuance of a variance;

(5)

That the variance granted is the minimum variance required to make reasonable use of the land;

(6)

That the variance will be in harmony with the general intent of the ordinance; and

(7)

That the variance will not create an unsafe condition or be otherwise detrimental to the public welfare.

(a)

Sale or transfer or property not in conformance with this ordinance. It shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land without having submitted a plan and plat of such subdivision for approval as required by this ordinance and without having recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be guilty of a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082 or 775.083.

(1)

The city commissioners may bring injunctive action to enjoin such transfer, sale or agreement.

(2)

Failure to comply with the provisions of this section shall not impair the title of land so transferred or affect the validity of the title conveyed. However, a purchaser of land sold in violation of this section shall, within one (1) year from the date of purchase thereof, be entitled to bring an appropriate action to avoid such sale or to bring action against the seller for any damages which he suffers as a result of the seller's unlawful act, or both.

(a)

Severability. If any section, part of a section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holdings of invalidity shall not affect the remaining portions of this ordinance and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this ordinance after the exclusion of such part or parts shall be deemed to be held valid as if such part or parts had not been included therein, or if this ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holdings shall not affect the applicability thereof to any person, property or circumstances.

(b)

Effective date. The provisions of this ordinance shall become effective upon receipt from the department of state of official acknowledgement that this ordinance has been filed with the department of state. Provided, however, where any provisions of this ordinance are amended, the effective date of this ordinance shall mean the effective date of such amendment for the purposes of deciding any question directly controlled by such amendment.

(c)

Inclusion in code. It is the intent of the board and is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Laws and Ordinances of City of Pahokee, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and the word "ordinance" may be changed to "section," "article," or other appropriate word.

(d)

Conflicting regulations repealed. All special laws applying to and within the city, general laws applying only to Palm Beach City, and general law which the city commissioners is specifically authorized by article VIII of the 1968 Florida Constitution to supercede, nullify or amend, and any local ordinance and resolution in conflict with any provision of this ordinance are hereby repealed, including but not limited to Section 1, Special Acts, Chapter 69-1425, 1969, and Sections 20, 21 and 22, Special Acts, Chapter 57-1691.

The forms contained in the following sections have been approved by the board as a standard form. All agreements, guarantees and documents are subject to the approval of the city attorney. Any alternate form may be approved by the board, provided the city attorney has first approved such alternate form in writing.

Editor's note— The forms referenced above are on file in the building, planning and zoning office.

(a)

For the purpose of this Code, the following definitions are established:

Abandon: To discontinues a use for more than a specified period of time.

Abandoned sign: See "sign" definitions.

Abutting: See "adjoining" or "adjacent" definitions.

Access, point of: A paved driveway or other opening intended to provide vehicle or pedestrian access to or from a public or private right-of-way to or from a public or a private premises including off-street parking areas.

Accessory use, building, or structure: A use, building, or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal building or structure.

Accessory vehicular use area: All land upon which vehicles traverse property, excluding a parking lot.

Acre, gross: Forty-three thousand five hundred sixty (43,560) square feet.

Acre, net: Gross land area, less existing or proposed public and private points of access, roads or streets, roadways, rights-of-way, and easements.

Add-on sign: See "sign" definitions.

Adjacent: Nearby but not necessarily adjoining.

Adjoining: A lot or parcel of land sharing all or part of a common lot line with another lot or parcel of land, or two (2) or more structures sharing all or part of a common wall.

Adult care facility: A facility licensed and operated in accordance with State of Florida and Palm Beach County standards providing general supervisory care for five (5) or more adults.

Adult entertainment uses:

(1)

Adult bookstore: A business establishment having as a substantial or significant portion of its stock in trade, books, magazines, slides or films for sale or viewing on the premises by use of viewers or motion picture devices or coin-operated means, and periodicals, which said items of stock in trade have as their dominant or primary theme matters depicting, describing or relating to "specified sexual activities" or specified anatomical areas."

(2)

Adult drive-in theatre: An outdoor theater for the showing of movies, slide shows, closed circuit TV, or similar offerings, and which excludes minors by virtue of age.

(3)

Adult entertainment cabaret: A nightclub, theater, establishment licensed to serve food and/or alcoholic beverages, or any other business establishments, which feature live performances and entertainment by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, striper, models, male or female impersonators, or similar entertainers, which such performances or entertainment is characterized by an emphasis on the display of "specified sexual activities" or "specified anatomical areas."

(4)

Adult entertainment uses: Book stores, mini-motion picture theaters, motion picture theaters, entertainment cabarets, motion picture booths, motels and hotels, or other businesses presenting or displaying material depicting or describing "specified sexual activities" or "specified anatomical areas," regardless of whether or not such material may be dominant or primary theme, depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," whether such material consists of books, periodicals, printed matter, films, slides, motion pictures, or live performances.

(5)

Adult massage parlor: A business establishment in which massages are offered as a service and which excludes minors by virtue of age and where such massage is characterized by an emphasis on "specified anatomical areas."

(6)

Adult mini-motion picture theater: A business establishment, with a capacity of less than fifty (50) persons, used for presenting motion pictures or slide material characterized by a dominant or primary theme depicting, describing, or relating to "specified sexual activities" or "specified anatomical area," for observation by patrons therein.

(7)

Adult motel or hotel: A place where motion pictures or slides shown in rooms designed primarily for lodging, if said motion pictures or slides are characterized by a dominant or primary theme depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."

(8)

Adult motion picture booth: A booth used for presenting motion pictures or slide material characterized by a dominant or primary theme depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

(9)

Adult motion picture theater: A business establishment, with a capacity of fifty (50) or more persons, used for presenting motion picture or slide material characterized by a dominant or primary them depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

(10)

Specified anatomical areas: Defined in or more of the following ways:

a.

Less than completely and opaquely covered:

1.

Human genitals, pubic region,

2.

Buttocks,

3.

Female breast below a point immediately above the top of the areola,

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(11)

Specified sexual activities: Defined as follows:

a.

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast,

b.

Acts of human masturbation, sexual intercourse, or sodomy, whether actual or simulated,

c.

Human genitals in a state of sexual stimulation or arousal.

Advertising structure: Any structure installed for advertising purposes, with or without any advertisement display thereon, situated upon or attached to real property upon which any poster, bill, or printing, painting, or other advertisement or device of any kind whatsoever may be placed, posted, painted, tacked, nailed, or otherwise fastened, affixed, or displayed, provided, however, that this term shall not include buildings.

"A" frame sign: See "sign" definition.

Airport: A special facility designed to accommodate the departure and landing of aircraft, equipped with hangars, facilities for refueling and repairing airplanes, taxiways, tie-down areas, and various accommodations for passengers.

Alley: A public right-of-way which affords only a secondary means of access to abutting property.

Alteration: Any change in the internal or external arrangement of a building, including work affecting the structural parts of a building or any change in occupancy.

Animal hospital: An enclosed facility for the diagnosis, treatment, and convalescence of animal patients which may be boarded on the premises for such purposes.

Animal kennel: An establishment offering to the general public lodging and boarding facilities for dogs, cats, and other domestic pets.

Animated sign: See "sign" definitions.

Apartment: A room or suite of rooms intended or designed for use as a residence by a single family, including bath and culinary accommodations.

Apartment house: See "dwelling, multiple family."

Arcade: An open or enclosed pedestrian-oriented passageway located on the ground floor of a building and connecting two (2) or more public rights-of-way, including streets, alleys, and sidewalks, generally accessible to the public during specific hours.

Architect: A person registered by the State of Florida as an architect.

Area, buildable: The space remaining upon a lot after deduction of minimum required setbacks, open spaces and yards, and upon which a building may be located.

Automated teller machine: An electronic banking facility that is open to the general public and allows customers to perform financial transactions without the assistance of any bank employees.

Baby sitting agency: See "child care facility."

Background area of sign: A financial institution that is open to the general public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.

Barrier: A solid and unbroken visual screen including a masonry or solid wood fence which presents a one hundred (100) percent visually opaque screen.

Bed and breakfast small homestay: A private residence, including related buildings, with up to five (5) guest rooms in which the owner occupies the primary building.

Bed and breakfast large homestay: A private residence, including related buildings, with six (6) or more guestrooms in which the owner occupies the primary building.

Berm: Mounding of soil, which is planted with living plant material designed as a natural landscape feature or buffer to screen incompatible land uses or to absorb or otherwise red e undesirable impacts, such as noise, smoke, or glare, or other similar nuisances.

Billboard (off-premise SIGN): See "sign" definitions.

Boarding house: A building, other than a hotel, where lodging or lodging and meals are provided on a fee basis for three (3) or more persons.

Boatel: A motel and marina combination accessible to boats as well as automobiles and which may include boat sales and servicing facilities, overnight accommodations for transients, and eating and drinking facilities.

Borrow pit: A source, other than required excavation, of material for creating embankments, for providing fill, and for related purposes.

Buffer or buffer strip: A screening device used to moderate the adverse impacts of one (1) land use upon another. Buffers may include walls, hedges, landscape areas, berms, additional setbacks, or combinations of the above.

Building façade: That portion of any exterior elevation of a building extending from grade to the top of parapet wall or eaves and the entire width of any building elevation.

Building, height of: The vertical distance from the mean grade of a lot at the frontage of the building to the highest point of the top of structure of a flat roof, or the deck line of a mansard roof, or the mid-height level between eaves and ridge for gable, hop, and gambrel roofs.

Building measurement definitions: See "building height," "story," "residential floor area," "floor area ratio."

Building official: The director of the department of building and zoning and all inspectors working under that official's authority and direction.

Building, principal: A building or, where the context so indicates, a grouping of buildings in which is conducted the principal use of the lot on which such building or such group is located.

Building setback line: That line establishing building setback distances from street or lot lines, established by the zoning code of the City of Pahokee, Florida.

Bulkhead line: A line established in or along a body of water delineating the maximum distance from the existing shoreline within which dredge and fill, bulkhead construction, and related activities may be permitted.

Business services: Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, management and consulting services, protective services, equipment rental and leasing, commercial research, development and testing, photo finishing, and personal supply services.

Carport: A roofed accessory structure open on two (2) or more sides, intended or used for the parking and storage of automobiles.

Cemetery: Property used for interring of the dead.

Certificate of occupancy: A document signed by a building official that certifies that a building and the use of said building or structure complies with all applicable requirements of this Code, the Building Code, and all other applicable laws and regulations at the date the building permit is issued. Official certification that a premise conforms to provisions of this Code and the Building Code and may be used or occupied. Such a certificate is granted for new construction or for alternations or additions to existing structures.

Changeable copy sign: See "sign" definitions.

Child day care facility: A facility licensed and operated in accordance with county standards where general supervisory care is provided for six (6) or more children at any one (1) time, including children of the supervisor.

Child day care facility, family, accessory: A facility licensed and operated in accordance with county standards where general supervisory care is provided for five (5) or fewer children at any one (1) time, including children of the supervisor.

Church or other places or worship: Any structure or site used primarily as a place of public or private worship on a permanent basis by a recognized and established religious sect or denomination and registered as a not-for-profit worship on a permanent basis by a recognized and established religious sect or denomination and registered as a not-for-profit organization pursuant to Section 501(c) of the Internal Revenue Code of 1954.

City: Unless the context clearly discloses contrary intent, city shall mean the City of Pahokee.

Clinic: A facility providing medical, dental, surgical, therapeutic, veterinary and related services on an outpatient basis and not providing overnight accommodations.

Club or lodge: An establishment operated by a corporation or association or persons for social, literary, political, educational, fraternal, or charitable purposes, registered as a not-for-profit organization pursuant to Section 501(c) of the Internal Revenue Code of 1954.

Commercial amusements: Establishments engaged primarily in providing amusement or entertainment for a fee or admission charge.

Commercial amusement, enclosed: A commercial amusement establishment conducting operations entirely within the confines of an enclosed building or structure, including but not limited to the following: bowling alleys, billiard and pool establishments, skating rinks, video arcades, and indoor theaters, but excluding any adult entertainment uses as defined in this Code.

Commercial amusement, temporary: A commercial amusement established as a temporary use, including but not limited to the following: circuses, carnivals, festivals, fairs, and special exhibitions.

Commercial amusement, unenclosed: A commercial amusement conducted in an outdoor area or in an unenclosed structure, including but not limited to the following: drive-in theaters, miniature golf courses, golf driving ranges, animal or mechanical race tracks, amusement parks, and excluding any adult entertainment uses as defined in this Code.

Commercial vehicle: Any motor vehicle licensed by the State of Florida as a commercial vehicle.

Communications tower: A tower, constructed as a free standing structure or in association with a building or other permanent structure, containing, transmitting or receiving antennas for such uses as telephonic, containing, transmitting or receiving antennas for such uses as telephonic communications, radio and television signals, microwave transmissions, and similar forms of electronic communications.

Comprehensive plan: A plan adopted by the city meeting the requirements of F.S. §§ 163.3177 and 163.3178 (Local Government Comprehensive Planning and Land Development Regulation Act).

Concurrency: The demonstration that specific public facilities will be available at the adopted level of service, as described in the city's comprehensive plan, concurrent with the impact of the development.

Construction sign: See "sign" definitions.

Contiguous: Next to, abutting, or touching and having all or a portion of a boundary which is conterminous.

Convenience store: A retail sales containing less than two thousand (2,000) gross floor area store located near residential areas whose principal activity is the sale of foodstuffs and related commodities; however, stores of this nature may offer for sale such items as foodstuffs prepared on the premises and motor vehicle-related products, such as gasoline and motor oil.

Copy area of a sign: See "sign" definitions.

County: Unless the context clearly discloses contrary intent, county shall mean Palm Beach County.

Cultural and civic facility: A building or complex of buildings that houses public or private not-for-profit facilities, offices or services and which may include civic or community centers, theaters predominantly used for live performances, libraries, zoological or botanical gardens, historical landmarks, and similar facilities.

Dedication: A conveyance of land to the public for a specified public purpose made by written instrument and accepted by a governmental agency.

Density: A measure of the intensity of land use and development per unit area of land, usually expressed as the number of persons, families, or dwelling units per acre or as a floor area ratio.

Development sign: See "sign" definitions.

Diameter at breast height (DBH): The standard measurement of a single-stemmed tree at four and one-half (4½) feet above grade.

Directional sign: Any sign permanently or temporarily installed on public property by or with approval of the city or any authorized governmental agency.

District: Any section of the city for which the zoning regulations are uniform.

Double-faced sign: See "sign" definitions.

Dripline: An artificial line along the ground which conforms to the perimeter of the crown of a tree as projected vertically to the ground.

Drive-in business: Any place of business or premises which serves, sells, or otherwise makes its services to customers situated in motor vehicles.

Drive-through or drive-in window: A window or other opening in the wall of a principal or accessory building through which goods or services are provided directly to customers in motor vehicles.

Dry cleaner/laundry, commercial: A professional dry cleaning/laundry establishment serving individual or commercial customers.

Dry cleaner/laundry, self-service: An establishment open to the public that provides coin-operated laundry and dry cleaning machines, including clothes washers and dryers.

Duplex: See "dwelling, two-family."

Dwelling: Any building or portion thereof designed for or used for residential purposes.

Dwelling, single-family: A detached dwelling designed for only one (1) family.

Dwelling, two-family: A building designed for only two (2) families with separate housekeeping, sanitary, and cooking facilities for each family.

Dwelling, multiple-family: A building designed for three (3) or more families, with separate housekeeping, sanitary, and cooking facilities for each family.

Dwelling unit: A room or group of rooms within a dwelling that forms a single independent habitable unit used or intended to be used for living, sleeping, sanitation, cooking, and eating purposes by only one (1) family. A dwelling unit may be used for owner occupancy, rental, lease, or other occupancy on a weekly or longer basis.

Easement: A grant of one (1) or more rights by a property owner to another individual, group, or governmental unit to make limited use of a portion of real property for a specified purpose.

Electric sign: See "sign" definitions.

Engineer: A person registered by the State of Florida as a professional engineer.

Entrance sign: See "sign" definitions.

Family: One (1) or more persons occupying a single housekeeping, unit and using common facilities, provided that unless all members are related by blood or marriage, no such family shall contain over five (5) persons. This term shall not include a fraternity or sorority, club, rooming house, or similar uses.

Farm: An area used for the growing of farm products, such as vegetables, fruits and grain, and their storage, as well as for raising poultry and animals, and grazing, pasture, or running areas. Also, the operating of an area for one (1) or more of the above uses including dairy farms with the necessary accessory uses for treating or storing the product; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Fence: A free-standing structure of any material or combination of materials erected for confinement, screening, or partition purposes.

Filling station: See "motor vehicle fuel sales and service."

Fixed projecting sign: See "sign" definitions.

Flag, commercial: A cloth emblem or banner that is a recognized representation or symbol of any non-public agency or establishment, including not-for-profit organizations, political parties, commercial or business establishments, and similar organizations; including emblems, banners, and similar devices with or without letters or symbols that are placed for the purpose of advertising or attracting attention.

Flag, official: A cloth emblem or banner that is the officially recognized representation or symbol of the United States, or any state, county or municipal government or agency thereof, including special districts created by the State of Florida.

Flashing sign: See "sign" definitions.

Flat or wall sign: See "sign" definitions.

Floor area ratio: A regulatory technique, generally expressed in numeric fashion, which relates total developable site area and the size (square feet) of development permitted on a specific site.

Floor area ratio, commercial: A numeric rating assigned to each city-wide or CORE commercial zoning district which determines the total gross square feet of a structure, as measured from the structure's exterior walls, based upon the actual land area of the parcel upon which the structure is to be located. Total gross square feet calculated using the assigned floor area ratio shall not include such features as parking lots or structures, aerial pedestrian crossovers, open partially enclosed plazas, or exterior pedestrian and vehicular circulation areas.

Food vendor, mobile: A mobile food-vending cart or similar conveyance, licensed by the county, offering food and beverages for general public consumption at one (1) or more locations during the day.

Fraternity or sorority house: A building occupied by and maintained exclusively for college or university students who are affiliated with a social, honorary, or professional organization recognized by the college, university, or other institution of higher learning that the students attend.

Free standing sign: See "sign" definitions.

Frontage: All or a portion of a lot line directly abuts an officially recorded street or separates property from a street, excluding alleys and private driveways.

Frontage, street façade: That portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building wall elevation which parallels a street. In the event the parapet wall or eaves are over forty (40) feet high, only the first forty (40) feet shall be considered the frontage street facade.

Garage, apartment: A detached, accessory structure of not more than seven hundred fifty (750) square feet, that contains a private garage permanently available for the parking or storage of at least one (1) auto-mobile and one (1) dwelling unit.

Garage, residential: An accessory building or a portion of a main building, including a carport or porte cochere, designed and used for the parking or storage of vehicles owned or used by the occupants of the building to which it is accessory use.

Garage, public: A building or a portion thereof, other than a private or storage garage or service station, designed or used for equipping, servicing, repairing, hiring, selling, or storing of motor vehicles.

Garage, commercial: A building or portion thereof designed or used exclusively for pre-arranged or short-term storage of motor vehicles, excluding daily storage furnished to transients, and at which motor fuels and oils are not sold, and motor vehicles are not equipped, repaired, hired or sold.

Grade of lot: The average finished or final elevation of a lot measured at the front building line.

Grass: Green herbage, commonly referred to as grass or sod, commonly grown year round in the City of Pahokee.

Grocery store: A retail store whose principal activity is the sale to the public of foodstuffs and consumer commodities for human consumption. Such foodstuffs may be pre-packaged or prepared on the premises for consumption off the premises.

Ground cover: Low-growing or low-maintenance living plant material or inanimate material.

Ground sign: See "sign" definitions.

Group homes/congregate living facilities: Facilities which provide short-term or long-term lodging, meals, and resident support services, such as counseling, guidance, and varying levels of medical care. The following classes of group homes/congregate living facilities are established:

(1)

Type I: A facility providing lodging, meals, or related services for no more than five (5) unrelated individuals. Resident support services may be provided.

(2)

Type III: A facility providing lodging, meals, or related services for six (6) or more unrelated individuals resident support services may be provided.

(3)

Type V: A facility providing lodging, meals, or related services for any number of unrelated individuals when residents include such classes of individuals as former substance abusers, inmates participating in supervised work release programs, parolees, etc.

Grubbing: The mechanical or manual removal of any type of rooted vegetation and associated soil.

Heavy machinery: Mechanical land-clearing, earth-moving, or earth-working equipment with a gross weight in excess of five thousand (5,000) pounds, including all machinery which utilizes steel tracks for traction.

Hedge: A solid, unbroken row of shrubs or certain tree species maintained at a desired or required height and width, including such plant material as Ficus benjamina, Figustrum lecidum, Podocaarpus macrophylla, Hibisucs rosa-sinensus, and Murraya paniculata.

Height of structure: The vertical distance from the average elevation of the finished grade of the structure to the highest portion of the structure, subject to specified height requirements of this Code. For buildings, the height shall be measured as the vertical distance from the average elevation of the finished grade of the building to the highest point of top of structure of a flat roof, or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Historic tree: A tree determined to be of notable historic interest to the city, due to its age, type, size, or historic association with the community, and designated as such by the city commission.

Home nameplate: A nameplate indicating only the name of the occupant.

Home occupation: Any occupation or activity carried on as an accessory use by a member of the immediate family residing within a dwelling unit.

Hospital: An institution licensed by the Florida Department of Health and Rehabilitation Services which have facilities for one (1) or more overnight patients, which provide services for in-patient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, out-patient departments, training facilities, state offices, utilities, and support facilities.

Hotel: A public lodging establishment licensed by the State of Florida which offers transient or permanent lodging accommodations to the general public, and may provide additional services, such as restaurants, meeting rooms, and recreation facilities.

Hotel unit: A room or suite of rooms in which lodging or boarding is provided.

Identification sign: See "sign" definitions.

Illuminated sign: See "sign" definitions.

Impervious surface: Any surface incapable of being penetrated by water under normal circumstances, including such surfaces as roofs, areas paved or covered with concrete, asphalt, or similar materials, etc.

Inanimate materials: Rocks, gravel, pebbles, driftwood, garden ornaments, statuary, sculptures, artificial grass, or similar non-living objects.

Industrial activity: The treatment, processing, fabrication, preparation, assembly, packaging, cleaning, servicing, testing, or repairing of material, products, or equipment on the premises.

Install: To erect or place into position.

Institution: A governmental facility, non-profit corporation, or a non-profit establishment existing for public or quasi-public purpose use, including such uses as churches, schools, hospitals, government buildings, and parks or open space.

Instructional sign: See "sign" definitions.

Junk vehicle: A vehicle which cannot be moved under its own power.

Junk yard: A commercial establishment where waste or discarded or salvaged materials are stored or handled, including but not limited to auto-wrecking yards, used lumber yards, and places or yards for salvaged house wrecking yards, and places or yards for salvaged house wrecking and structural steel materials and equipment or salvaged machinery, used furniture and household equipment, and the processing of used, or discarded, or salvaged materials as part of manufacturing operations.

Kennel: See "animal kennel."

Land area definitions: See "lot" definitions, residential land area; and rear, side and front yard open space.

Land clearing: The removal from land of any type of vegetation or structure by mechanical, manual, or other means.

Landscape strip: A strip containing trees, barriers, ground cover, or other plant material.

Land use plan: An element of the comprehensive plan, as defined in F.S. ch. 163.3161 (The Local Government Comprehensive Planning and Land Development Regulation Act.) A set of documents and maps that categorize existing patterns of land development and set guidelines for the desirable intensity, density, quantity, type, location, and timing of future development based upon the goals and policies set forth in the adopted comprehensive plan.

Lawn grass: See "grass" definition.

Loading, off-street: Space located outside of any street right-of-way and designed to accommodate the temporary parking of vehicles used for pickups and deliveries.

Lot definitions:

(1)

Lot: A parcel of land possessing specific boundaries established by a legal instrument such as a deed or record plat, recognized as a separate legal entity for purposes of transfer of title.

(2)

Lot, corner: A lot abutting upon two (2) or more intersecting streets.

(3)

Lot, double frontage: A lot, excluding corner lots, having frontage on more than one (1) street.

(4)

Lot line: The boundary of a lot.

a.

Front lot line: The line separating a lot from a street, road, or other public or private right-of-way; in the event a lot abuts more than one (1) public or private right-of-way, the front lot line is designated and recorded by the building and zoning department.

b.

Rear lot line: The line separating a lot from abutting property, an alley or other secondary means of access, and easement, or similar items.

c.

Side lot line: Any lot line which is not a front or a rear lot line.

(5)

Lot depth: The horizontal length of a straight line drawn from the midpoints of the front and rear lot lines.

(6)

Lot, Non-Conforming: A legally subdivided lot shown on a legally recorded plat, existing at the time regulations were adopted, requiring greater minimum width or area than provided on such lot or establishing other limitations which such lot does not meet.

(7)

Lot of record: A lot which is part of a platted subdivision or a parcel of land described by a deed, for which the subdivision plat or deed has been recorded in the office of the clerk of the circuit court of the county.

(8)

Lot width: The horizontal length of a straight line drawn from the midpoints of the side lot lines.

(9)

Lot area: The total area contained within the lot lines.

(10)

Lot, irregular: A lot containing curved, uneven, reversed, or other asymmetrical lot lines. Required measurements, including lot area, width, depth, etc., shall be determined on an individual basis by the city engineer.

(11)

Lot, interior: A lot abutting only one street or right-of-way.

Lot, parking: See "parking lot."

Low and moderate income household: A family or individual whose annual income is less than or equal to the annual income level established by the United States Department of Housing and Urban Development for eligibility to participate in the Section 8 Housing Program.

Main building: The principal building situated or erected on a lot.

Maintenance and storage facility: Land, buildings, or structures devoted primarily to the maintenance or storage of equipment and materials.

Mangrove: Any or all of the following species of aquatic woody plants:

Red mangrove (Rhizophora mangle),

Black mangrove (Avicennia nittida or avicennia germinans),

White mangrove (Laguncularia racemosa),

Buttonwood or button-mangrove (Conocarpus erecta).

Manufactured building: Structures designed for residential, commercial, industrial, and related uses, constructed in whole or in part away from the building or installation site and constructed pursuant to F.S. ch. 553, Pt. IV.

Marina, commercial: A facility for mooring, launching, storing, sales, construction, and repairing of boats, including the sale of marine supplies and services.

Marquee sign: See "sign" definitions.

Massage parlor, licensed: An establishment offering massages and related treatments by masseurs, licensed and operated pursuant to F.S. ch. 480.

Microwave tower: See "communications tower."

Minor: Any person who has not attained the age of eighteen (18) years, or as otherwise defined by the State of Florida.

Mixed use: A real estate project characterized by all of the following:

(1)

Three or more mutually supporting, revenue-producing uses, including retail, office, hotel/motel, recreation, and residential component,

(2)

Functional and physical integration of project components (and thus a highly intensive use of land), including uninterrupted pedestrian connections;

(3)

Development in conformance with a coherent plan which stipulates the type and scale of uses and related items.

Mobile home: A single or multi-family dwelling unit constructed on an integral chassis that is transportable over the roadway on wheels attached to the chassis in one (1) or more sections and containing appropriate connections for plumbing and electrical service and that is constructed to standards by the U.S. Department of Housing and Urban Development.

Mobile home park: An area of land under unified control and operation designed exclusively for use by mobile homes that are residential dwelling units.

Model dwelling unit or home: A residential structure used for demonstration or sales purposes, open to the public for inspection, and designed for ultimate sales or re-use or a mobile home unit used for demonstration or sales purposes which will be removed from the site upon completion of project.

Motel: A public lodging establishment licensed by the State of Florida which contains units with sleeping accommodations easily accessible to guests with an exit to the outside of each unit, daily or weekly rates, off-street parking for each unit, and a bath for each rental unit.

Motel unit: A room or suite of rooms in which lodging or boarding is offered to the public for compensation and access to the outside is provided for each unit.

Motor vehicle repair, heavy: An establishment that provides vehicle repair services, including body repair and painting, axle straightening, brake system repair, carburetor and fuel system repair, electrical and electronic system repair, exhaust system service, frame repair, generator and starter service, glass repair and replacement, muffler installation, radiator repair, transmission repair, and front end and wheel alignment services.

Motor vehicle repair, light: An establishment that provides motor vehicle repair services, excluding body repair and painting, axle straightening and frame repair; but including brake system repair, carburetor and fuel system repair, exhaust system service, front end and wheel alignment services, generator and starter service, glass repair and replacement, muffler installation, and transmission repair.

Motor vehicle sales and rental establishments (no service): Establishments for the storage and display for sale or rental or new and used motor vehicles, excluding repairs and service.

Motor vehicle sales and service agencies: Establishments for the storage and display for sale or rental of new and used motor vehicles, including repairs and service.

Multiple-faced sign: See "sign" definitions.

Nonconforming lot: See "lot" definitions.

Nonconforming sign: See "sign" definitions.

Nonconformities:

(1)

Administrative nonconformities: Any lot, structures, or use which lacks any administrative approval required by this ordinance. Administrative approval shall mean special use approval, planned development approval, site plan approval or any other administrative or quasi-judicial approval required by this ordinance.

(2)

Dimensional nonconformities: Nonconformity with any requirements pertaining to any of the following:

a.

Minimum yard size,

b.

Minimum structure or use setback,

c.

Maximum lot coverage by buildings,

d.

Maximum height for structures,

e.

Maximum floor area ratio,

f.

Maximum impermeable surface,

g.

Limitations on lighting,

h.

Limitations on the number of ingress and egress points or lanes,

i.

Limitations on grades or slopes,

j.

Limitations on mechanical and utilities equipment,

k.

Limitations on plant material,

l.

Other maximum or minimum limitations.

(3)

Lot nonconformities: Nonconformity with any requirements pertaining to lot area or dimension.

(4)

Required site improvement nonconformities: Nonconformities with any requirements pertaining to any of the following:

a.

Required parking spaces,

b.

Required loading spaces,

c.

Required dumpster or other trash receptacle space,

d.

Required vehicle stacking spaces for drive-in services,

e.

Required access lanes for parking, loading, and trash receptacle spaces,

f.

Required emergency access lanes,

g.

Required screening, landscaping, and related site improvements,

h.

Required building design characteristics,

i.

Required pedestrian circulation,

j.

Required overhead weather protection,

k.

Required signs,

l.

Required lighting,

m.

Other site improvements requirement.

(5)

Structures: See "structure" definition.

(6)

Nonconforming structure or building: A structure or building possessing size, dimensions, or location which were lawful prior to the adoption, revision, or amendment of this Code, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of a particular zoning district.

(7)

Nonconforming use: A use or activity which was lawful prior to the adoption, revision, or amendment or this Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of a particular zoning district.

(8)

Nonconformity: A lot, structure, or use of land, or any combination thereof, which was lawful before the adoption, revision, or amendment of this Code, but which would be prohibited under the terms of this Code.

Non-tree removal verification statement: A statement signed by an applicant for a land clearing or grubbing permit, land use permit, or building permit certifying that removal of one (1) or more protected trees is not required for construction purposes.

Not-for-profit use or facility: See "public or quasi-public not-for-profit use or facility."

Nursing home: A facility for unrelated individuals providing lodging, meals, "intermediate care level one" and "intermediate care level two" medical services, as defined by the Florida Department of Health and Rehabilitative Services, and related support services.

Official zoning map: A map depicting the boundaries and identification of the zoning districts established by this Code.

Off-premise sign: See "sign" definitions.

On-premise sign: See "sign" definitions.

Open space: An open, unenclosed area consisting of setbacks, landscaping, buffers, vehicular and pedestrian circulation features, and surface parking.

Open-space measurement: The aggregate of all of the components of open space expressed in square footage.

Outdoor storage: The keeping, in an unroofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.

Painted sign: See "sign" definitions.

Parapet: That portion of the facade wall which extends vertically above a roof line.

Parcel of real property: See "premises."

Parking lot: A paved area upon which more than four (4) or more motor vehicles may be parked.

Parking, off-street: Space located outside of any street right-of-way or easement and designed to accommodate the parking of motor vehicles.

Parking space, interior: Any parking space which is not adjacent to a required landscape strip.

Party wall: A common wall or parallel, adjacent solid walls with no visible separation between walls.

Pawnbroker: A person who is regularly engaged in the business of making pawns, but does not include a bank or financial institution as defined in this Code or any person who regularly loans money or any other thing of value on stocks, bonds, or other securities.

Pedestrian oriented activity: A wide variety of commercial land uses which attract pedestrian interest and stimulate walk-in traffic from passers-by, including but not limited to the following: department stores and other large scale retail uses; restaurants and delicatessens, both enclosed and open-air; specialty shops; theaters; banks and financial institutions; government offices; and other commercial activities which, by their very nature, attract people to window shop and browse.

Person: The word "person" shall include individuals, partnerships, associations, and corporations.

Personal service, commercial: An establishment that primarily provides services, involving the care of an individual or his/her apparel, including but not limited to the following: barber shops, beauty salons, seamstress shops, shoe repair shops, dry cleaning and laundry pickup facilities, coin-operated laundry and dry cleaning facilities, health spas, and similar establishments providing related services.

Planning board: That body created by the City Charter, Special Laws of Florida, 1965, as amended.

Plant material: Grass, ground cover, shrubs, vines, and trees.

Point of purchase sign: See "sign" definitions.

Pole sign: See "sign" definitions.

Political sign: See "sign" definitions.

Premises: Any land together with any structures occupying it.

Professional services: The conduct of business in any of the following related categories: law, architecture, landscape architecture, medicine, dentistry, engineering, planning, music, art, finance, and insurance.

Projecting sign: See "sign" definitions.

Protective barrier: A physical structure limiting access to a protected area, composed of suitable material, which complies with the specification requirements and intent of this Code.

Protective services, private: Private firms serving the general public for a fee, providing emergency or non-emergency police, rescue, ambulance, security, and related services, excluding funeral homes.

Protective services, public: Emergency or non-emergency services, including but not limited to police, fire, rescue, and ambulance services, operated by a unit of local government and financed through publicly generated revenues.

Public, quasi-public, or not-for-profit use or facility: The use of land, buildings, or structures by a governmental agency or not-for-profit institution registered under the provisions of Section 501(c), U.S. Internal Revenue Code of 1954, to provide cultural, educational, governmental, scientific, medical, and related services directly to the general public.

Public or private utility: A public or closely regulated private enterprise with an exclusive franchise for providing a public service, including but not limited to the following: water, electricity, natural gas, sewage treatment or telephone service.

(1)

Public or private utility, heavy: A centralized facility for the provision of a public utility that is of sufficient scale and intensity to warrant special site considerations to limit the impact on surrounding properties. Heavy utility uses include, but are not limited to transmission towers, electrical power-generating plants and facilities, sewage treatment and disposal facilities, utilities supply yards, electrical transmission lines in excess of twenty-three (23) kilovolts, electrical substations, and water purification facilities.

(2)

Public or private utility, light: A facility used in the transmission or delivery of a public or private utility, in which the facility is relatively small in scale and which can, with suitable screening, be compatible with residential and other low intensity uses. Light utility uses include but are not limited to electrical distribution facilities and transformers, sewage pumping facilities, water storage, control and pumping facilities, and structures, equipment and rights-of-way for telephone, electricity, gas, or water services, and electrical transmission lines of twenty-three (23) kilovolts or less.

Public parks and recreation areas: A use, area, building, or structure, including parks, playgrounds, athletic fields, piers, docks, and boat launching areas, that are publicly owned and used for recreational purposes by the general public and under the control and management of the city or other public agency.

Public property: Property owned by any governmental entity, including public right-of-way, streets, alleys, sidewalks, and parks, and all structures located upon such property, including but not limited to street and traffic signs, utility poles, fire hydrants, parking meters, trees, newspaper racks, and telephone booths.

Publishing and printing plant: A commercial establishment primarily engaged in preparing, publishing, and printing newspapers, periodicals, books, and other reading material, or similar printed materials.

Pylon sign: See "sign" definitions.

Quasi-public: An activity, use of structures, or land and related or accessory operations generally open to the public on a non-profit basis for religious, cultural, medical, entertainment, and similar purposes.

Real estate sign: See "sign" definitions.

Recreation facility, commercial: A recreation facility operated as a business and open to the public for a fee, excluding adult entertainment uses.

Recreational vehicle: A self-propelled or non-motorized vehicle that may be primarily designed as temporary living quarters for recreation, camping, or travel purposes, including but not limited to travel trailers, camping trailers, truck campers, and motor homes, as defined by F.S. § 320.01, as amended.

Remove or removal: The actual removal of a tree or causing the effective removal of a tree by damaging, poisoning, or other direct or indirect actions.

Residence/residential: A structure or structures intended privately for human habitation.

Restaurants (excluding drive-ins): Establishments, excluding drive-ins, where the principal business is the sale of food, desserts, or beverages to the customer in a ready-to-consume state where the design or principal method of operation includes one (1) or more of the following:

(1)

Customers are provided with a menu and are served generally by a restaurant employee at the same table or counter at which said items are consumed,

(2)

Ice cream parlors and other small specialty restaurants having floor area exclusively within a shopping or office center and sharing common parking facilities with other businesses within the center,

(3)

A cafeteria or cafeteria-type operation where foods, desserts, or beverages generally are served and consumed within the restaurant building,

(4)

Customers purchase food, desserts, or beverages for carryout.

Restaurants (drive-ins): Establishments selling food and beverages in a form ready for consumption where all or a significant portion of the consumption takes place or is intended to take place in a motor vehicle or at another location.

Restaurants, take out: Establishments selling food and beverages in a form ready for consumption, all or a significant portion of the consumption occurs off the premises.

Recreational vehicle park: An area under unified control which is and designed exclusively for temporary accommodations for travel trailers, camping trailers, truck campers, and motor homes, and which is not intended as an area to establish permanent residency.

Retail sales and services, general: Establishments which sell products and services required to meet the recurring day-to-day commercial needs of a community as well as the less frequent consumer demands for more durable commercial products or services. These establishments include but are not limited to convenience stores, variety stores, hardware and garden supply stores, apparel and footwear stores, florists, gift shops, jewelry stores, book and stationery stores, office equipment and supplies, automotive supply stores, appliance stores, and similar retail sales and services. General retail sales and services expressly exclude the sale of motor vehicles, except small parts and accessories, sale of construction materials, except paint fixtures, and hardware, vehicular service and maintenance activities including service stations, and the commercial storage or rental of vehicles.

Retail sales and services, marine-related: Establishments engaged in selling goods or merchandise or providing services that are supportive of waterfront activities.

Retail shops, specialty: Commercial establishments such as boutique shops and other specialty shops that cater to custom markets, such as tourists, collectors, design clientele, and similar specialized user groups, and offering goods not generally available in convenience or more general goods establishments.

Revolving sign: See "sign" definitions.

Right-of-way: A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or is occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.

Roof sign: See "sign" definitions.

Rooming house: A public lodging establishment providing lodging on a fee basis for three (3) or more individuals, excluding the following: single and multi-family dwelling units, dormitories operated in conjunction with an educational institutions, fraternity and sorority houses, hospitals, group homes, hotels, motels, and apartments.

Rotating sign: See "sign" definitions.

Sandwich sign: See "sign" definitions.

Satellite dish antenna: A commercial or noncommercial communications device installed as an accessory use and designed to receive television or radio signals broadcast from communications satellites or other remote, wireless sources.

Savings and loan: See "bank" definition.

School, private: An educational institution, licensed by the State of Florida, and operated by any person, agency, or organization other than a school district, the State University System, or the Florida Department of Education, excluding child or adult care centers.

School, public: Educational institutions operated by a school district, the State University System, or the Florida Department of Education, providing kindergarten, primary, secondary, post-secondary, vocational, adult, and other specialized forms of learning.

Semi-free-standing sign: See "sign" definitions.

Service station: See "vehicular service and maintenance establishment."

Setback line: A line marking the required building setback distance from one (1) or more lot lines.

Setback, front: Required open space extending across the full width of the front of a lot between the front property line and the required building setback line.

Setback, rear: Required open space extending across the full width of the rear of a lot between the rear lot line and the required building setback line.

Setback, required: The minimum setback required by this Code. Any setback provided in excess of the minimum amount specified shall not be deemed to be a part of the required setback.

Setback, side: Required open space extending across the full width of the side of a lot between the side property line and the required building setback line.

Shopping area: A commercial establishment or a group of commercial establishments related in its location, size, and types of shops to the trade area which the unit serves.

Shore line: The mean high water level.

Shrubs: Self-supporting, woody, evergreen plans smaller than a tree and usually branching from or near the ground, including such plant material as Hibiscus rosa-sinehsus, Ligustrum lucidium, Podocarpus macrophylla, and Murry paniculata.

Sidewalk sign: See "sign" definitions.

Sign: A display of banners and flags, characters, letters, illustrations or ornamentations, or the complete structure on which any such characters, letters, illustrations, or ornamentations are stated or applied, excluding buildings used for identification, directional advertising, or promotional purposes, provided, however, that the term shall not be construed so as to include self-contained fixtures approved by the National Board of Fire Underwriters of nonelectrical display, wholly contained within a store building and not visible from any public right-of-way.

(1)

Abandoned sign: A sign advertising a business that is no longer licensed, no longer has a certificate of occupancy, or is no longer doing business at that location.

(2)

Add-on sign: An additional sign added to a previously permitted on conforming sign.

(3)

A-frame sign: A movable sign not secured or attached to the ground.

(4)

Animated sign: A sign with action or motion using electrical energy, electronic or manufactured sources of energy, or wind-actuated elements, including rotating, revolving, or flashing signs.

(5)

Background area of sign: The area of a sign under which a copy can be placed. To determine the area of a sign background, only the face which can be seen only from one (1) direction at one (1) time shall be utilized.

(6)

Billboard (off-premise sign): A sign or framework installed for the purpose of advertising merchandise, services, or entertainment that are sold, produced, manufactured, or furnished at places other than the location of sign.

(7)

Changeable copy sign: A sign which is characterized by changeable copy or letters, regardless of method or attachment.

(8)

Construction sign: A temporary sign identifying those engaged in construction on any building site, including but not limited to the following: the builder, contractor, developer, architect, engineer, painter, plumber, or other persons or artisans participating in the construction activities.

(9)

Copy area of a sign: The actual area of the sign copy applied to any background. The copy area is computed by straight lines drawn closest to copy extremities, encompassing individual letters or words.

(10)

Development sign: A temporary sign advertising the sale or rental of structures under construction.

(11)

Double-faced sign: A sign with two faces which are parallel to each other and back to back.

(12)

Electric sign: See "Illuminated Sign".

(13)

Entrance sign: An identification structure located at the main entrance to a city-approved subdivision or development.

(14)

Fixed projecting sign: A sign projecting at an angle from the outside wall or walls of any wall building and rigidly affixed thereto.

(15)

Flashing sign: A sign used for identification, directional, advertising, or promotional purposes, including approved lighting fixtures which flash, blink, operate intermittently, and are used as exterior signs or interior signs visible from a public right-of-way.

(16)

Flat or wall sign: A sign erected parallel to the facade or on the outside wall of any building and supported throughout its length by the wall of the building.

(17)

Free-standing sign: A sign which is supported by one or more columns, uprights, or braces in or upon the ground, including pole and ground signs.

(18)

Ground sign: See "free standing sign."

(19)

Identification sign: A sign painted on a wall used to identify the name of the business located therein, its principals, and its address.

(20)

Illuminated sign: A sign in which an internal or external source of light is used to make the text or copy legible.

(21)

Instructional sign: A sign conveying instructions with respect to the premises on which it is maintained, such as, but not limited to, "exit," "entrance," "parking," etc.

(22)

Marquee sign: A sign attached to the side of or front of or hung under a marquee.

(23)

Multiple-faced sign: A sign with more than two faces.

(24)

Nonconforming sign: A sign which does not comply with the regulations of this zoning code or subsequent amendments.

(25)

Off-premise sign: See "billboard."

(26)

On-premise sign: See "point of purchase sign."

(27)

Painted sign: A sign painted on any surface, including the roof or any building, visible from any public right-of-way.

(28)

Point-of-purchase sign: A structure, device, display board, screen surface or wall, characters, letters, or illustrations where the matter displayed is used for advertising a product or service activity offered for sale or rent on the premises.

(29)

Pole sign: See "free-standing sign."

(30)

Political sign: A sign urging the election or defeat of any candidate seeking any political office or urging the passage or defeat of any ballot measure.

(31)

Projecting sign: A sign projecting at an angle from the outside wall or walls or any building and rigidly affixed thereto.

(32)

Pylon sign: An advertising structure projecting from a wall or extending over the roof of any building, comprising a framework and display surface, the structural members of which are an integral part of the building upon which the sign is installed.

(33)

Real estate sign: A sign installed by an owner or his agent on a temporary basis, advertising that the real property upon which the sign is located is for rent or for sale, excluding rooming house signs.

(34)

Revolving sign: See "animated sign."

(35)

Roof sign: Any outdoor advertising display sign installed, constructed or maintained on or above the roof or any building.

(36)

Rotating sign: See "animated sign."

(37)

Sandwich sign: See "A-frame sign."

(38)

Semi-free standing sign: A sign which is supported by one or more uprights or braces in or upon the ground and partially attached to any building.

(39)

Sidewalk sign: See "A-frame sign."

(40)

Sign background: That part of a sign which is around or between elements of the sign content.

(41)

Sign Code: Article _____ of the Code of the City of Pahokee, Florida.

(42)

Sign content: Any letters, numbers, illustrations, decorations or ornamentations which convey information or attract attention.

(43)

Sign face: A surface of a sign on which the content of the sign is located.

(44)

Sign height: The vertical distance from the natural grade over which the sign is placed to the highest point on the sign.

(45)

Sign structure: A structure including any trailer or other vehicle, which supports or is designed to support or hold together a collection of sign content or sign background; including any trailer or other vehicle, and any balloon or similar device attached to the ground or anything thereon, and any other device which is readily movable and designed or used primarily for the display of signs. A sign structure shall be limited in accordance with this article.

(46)

Snipe sign: A sign of any size, made of any material, including paper, cardboard, wood, and metal, when such sign is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, fences, or other objects, containing advertising matter that is not applicable to the premises upon which such sign is located.

(47)

Swinging sign: A sign that swings freely from or on supports, regardless of the guy wires used in connection therewith.

(48)

Time and temperature sign: A display containing illuminated numerals flashing alternately to show the current time and temperature.

(49)

Vee shaped sign: A sign other than a flat or wall sign, that is attached to a building other than a flat or wall sign, and which has two (2) faces which are not parallel.

(50)

Vehicular sign: A sign affixed to or painted on a motor transportation vehicle or trailer for the purpose of business advertising, excluding signs affixed to vehicles or trailers for identification purposes as required by licensing ordinances of the city or other governmental agency.

(51)

Wall sign: See "flat or wall sign."

(52)

Wall mounted sign: A sign which is painted on or affixed to any building exterior wall and is completely supported by said wall.

(53)

Window sign: A sign installed or maintained in the window of any building and visible from any public right-of-way.

Sign Code: See "sign" definitions.

Snipe sign: See "sign" definitions.

Sorority house: See "fraternity house."

Special non-commercial events or public interest, minor: A public event sponsored by a religious institution, public or private school, or non-profit organization, as defined by Section 501(c) or the Internal Revenue Code of 1954.

Special non-commercial events of public interest, major: A public event sponsored by a non-profit organization, as defined by Section 501(c) of the Internal Revenue Code of 1954, and held in an area greater than 1.50 acres.

Special use: A specific use that generally would not be appropriate within a particular zoning district, but that may be permitted subject to specific limitations and restrictions.

Specimen tree: A tree which has been determined, in the judgment of a professional forester, landscape architect, arborist, horticulturist, or similar expert, to be of high value to the community, because of its type, age, or other professional criteria, and has been so designated by the city commission.

Story: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty (60) percent of the floor area is finished for use. A half story may be used for occupancy only in conjunction with, and by the occupants of, the floor immediately below.

Street: A public right-of-way which affords the principal means of access to abutting property.

Street line: The right-of-way line abutting the frontage of a lot.

Streetscape: That part of the urban environment which is within the normal field of vision of a person walking at ground level and which can generally be considered to include everything within public view extending upward from ground level to a height [no] greater than the width of the street that the pedestrian is standing or moving along. The elements of a streetscape include but are not limited to building facades, landscaping, paving, street furnishings, and graphics.

Structural alterations: Any change in the supporting of a structure, such as bearing walls, columns, beams, and girders or in the dimensions or configuration of the roof or exterior walls.

Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to buildings, mobile homes, towers, walls, fences, billboards, poster panels, recreational facilities, and swimming pools.

Structure, temporary: A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Subdivision: The division and the recording of such division in accordance with law of a parcel of land into two (2) or more lots or blocks for the purpose of transfer of ownership or development for sale, according with law.

Swimming pool: A portable pool or permanent structure that contains a body of water eighteen (18) inches or more in depth or two hundred fifty (250) square feet or more of water surface area and intended for recreational purposes, including a wading pool. Excluded is an ornamental reflecting pool, fish pond, or other type of pool regardless of size, unless located and designated so as to create a hazard or be used for swimming or wading.

Swinging sign: See "sign" definitions.

Synthetic plants: Synthetic or artificial material in the form of trees, shrubs, ground covers, or vines.

Temporary labor office: An office which provides on a fee basis the services of generally unskilled or semi-skilled laborers on a daily or short-term basis.

Temporary use building: A building, consisting of one (1) or more modules not intended for residential use and not attached to a permanent or semi-permanent foundation.

Time and temperature sign: See "sign" definitions.

Time share unit: A room or suite of rooms with or without kitchen or cooking facilities in which the right of use or occupancy circulated on an annual basis among various persons for specific periods of time in accordance with a fixed time schedule.

Townhouse: A single-family residential building attached to a series of other single family residential buildings by not more than two (2) party walls.

Townhouse complex: A group of townhouses connected by party walls.

Townhouse unit: A multi-story single-family residential dwelling unit sharing not more than two (2) common walls.

Tree: An erect standing wood plant having an average mature crown of greater then twenty (20) feet and having a trunk which can be maintained with at least six (6) feet of clear wood at maturity.

Use: The purpose or activity for which land or buildings is designed, arranged or intended, or for which land or buildings are occupied or maintained.

Use, temporary: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the designated time period.

Variance: A departure from the dimensional or numerical requirements of this Code when such variance will is not contrary to the public interest and where, owing the conditions peculiar to the property and not as a result of the actions of the applicant, a literal enforcement of the Code would result in unnecessary and undue hardship.

Vee shaped: See "sign" definitions.

Vehicular service and maintenance establishment: An establishment for the retail sale and dispensing of motor fuels and related products, which has pumps, underground storage tanks, and other facilities for such activity and which may include the retail sale of minor automobile parts and accessories such as tires, batteries, spark plugs, fan belts, shock absorbers, mirrors, floor mats, cleaning and polishing materials, and similar items. Establishments of this nature may provide inspection, servicing, or minor repair of motor vehicles within enclosed service bays or stalls, excluding body repair and painting, frame straightening, or tire recapping or vulcanizing.

Vehicular sales and service: The retail or wholesale or rental of motor vehicles and related equipment, with incidental service and maintenance.

Vehicular sign: See "sign" definitions.

Wall sign: See "sign" definitions.

Wholesale trades and service: The display, storage, and sale of goods to other firms for resale, excluding outside storage, except as otherwise provided in this Code.

Window sign: See "sign" definitions.

Yard: That area which lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this Code.

Yard, required: The minimum yard required by this Code. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard except as provided elsewhere in this Code.

Zoning board of adjustment: That body created by the City Charter, Special Laws of Florida, 1965, as amended.

(Ord. No. 99-7 , § 1, 6-22-99)