§ 23.5-2. Subdivision regulations.

a)

Purpose, intent of section. The public health, safety, comfort, and welfare requires the harmonious, orderly, and progressive development of land within the city. It is the further purpose of this section to secure:

(1)

The establishment of standards of subdivision design which will encourage the development of a sound and economically stable community, and the creation of healthy living environments.

(2)

The efficient, adequate and economic supply of utilities and services to land developments.

(3)

The prevention of traffic hazards and the provision of safe and convenient vehicular and pedestrian traffic circulation in land developments.

(4)

The provision of public open spaces in land developments for recreational, educational, and community facilities.

(5)

The provision of adequate public school facilities for additional students generated by the city commission approval of plats of subdivisions.

(6)

Consistency with the policies and goals of the comprehensive plan of the city.

(7)

Site design respecting unique environmental characteristics of the site, and preservation of such characteristics to the maximum degree possible.

This section is intended to aid in the coordination of land development in the community in accordance with orderly physical patterns and to implement the comprehensive plan, or parts thereof, and such zoning regulations and other measure in furtherance of such comprehensive plan as may have been or may hereafter be adopted.

b)

Application of section. This section shall apply to and be enforced in all areas of the city. An individual, firm, corporation or any other subdivider shall not create a subdivision of a tract of land anywhere in the city except in conformity with this section and where applicable, with Chapter 23, Article 7.

c)

Definition of standards . Wherever reference is made in this section to standards, criteria, and the like established by the directors for community sustainability, public services, and utilities, and when the manner by which such standards, criteria, and the like are to be established are not defined by external criteria, in such event, such standards, criteria, and the like must be consistent with good, generally accepted engineering, public works, planning, zoning and utilities practices, and reasonably necessary to effectuate the intent of this section.

d)

Plats and platting; recording required; exceptions . Whenever land is subdivided a plat must be recorded, except that the recording of a plat will not be required if:

1.

The subdivision involved consists only of granting a public rights-of-way or easement and due to unusual conditions and circumstances the directors for the departments for community sustainability, public services and utilities find that it is not necessary that a plat be prepared.

2.

The land to be subdivided is to be divided into no more than two (2) lots and because:

(i)

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

(ii)

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

(iii)

The improvements and dedications existing on the land are substantially in accordance with the requirements of this section, and if the waiving of the requirement for platting, as determined by the directors for the departments for community sustainability, public services and utilities would not conflict with the purpose and intent of this section.

3.

The resubdivision of land heretofore platted is of such unusual size and shape, or is surrounded by such development or unusual conditions as may be determined by the directors for the departments for community sustainability, public services and utilities to justify the waiving of the requirement for preparing a replat. In lieu of platting, an official land survey sketch shall be supplied and the directors for the directors for the departments for community sustainability, public services and utilities reserve the right to require deeded rights-of-way and easements, reservations, or improvements required in connection with platting under this section including the posting of a performance and maintenance bond, as may be necessary to carry out the intent and purpose of this section.

4.

Regardless of any provision of this section, if recording is required by county or state legislation, then, and in that event, approval shall be secured from the city commission.

e)

Approval before recording. A plat of any subdivision shall not be entitled to recording in the office of the clerk of the circuit court until it shall have been approved in the manner prescribed herein.

f)

Revising plan after approval. Changes, erasures, modifications, additions or revisions shall not be made in any plat of a subdivision after approval has been given, unless the plat is resubmitted for approval, except as required by the county due to other governmental requirements, state laws, county procedures, or for clarification.

g)

Procedure for platting .

1.

Preliminary conference. The subdivider, his engineer or land surveyor, prior to the preparation of the tentative plat, may informally seek the advice of the director of public services in order that he may become familiar with the subdivision regulations.

2.

Tentative plat. The tentative plat shall show all of the facts and data required by the directors for the departments for community sustainability, public services and utilities to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of public interest. At least the following information shall be a part of or shall be submitted with the tentative plat:

(A)

Proposed subdivision name approved by the clerk of the circuit court for Palm Beach County, identifying title, the name of the city, and the section, township and range.

(B)

Name and address of record owner, subdivider and the person submitting the tentative plat.

(C)

Location of property lines, existing easements, buildings, watercourses and other essential features.

(D)

The name of abutting subdivisions and the name of owners of record of adjacent acreage.

(E)

The location of existing public utilities and storm drains on the property to be subdivided.

(F)

Location, name and present width of existing and proposed public rights-of-way, easements, parks, other open public spaces and similar facts regarding the immediate adjacent property.

(G)

Any desired changes in the use, height, area and density districts or other zoning regulations applicable to the area to be subdivided, and any boundaries of such districts affecting the tract, all parcels of land proposed to be dedicated to public use and the conditions of such dedications.

(H)

The width and location of any street or other public way shown upon the official map or the master plan, within the area to be subdivided, and the width, location, grades of all streets or other public ways proposed by the developer.

(I)

Typical cross-section of the proposed grading, roadways, sidewalks, canals, ditches and topographic conditions.

(J)

Date, north arrow and graphic scale.

(K)

Legal description and map of survey of tract boundary made and certified by a Florida-registered land surveyor or engineer.

(L)

Location of closest available city water supply system.

(M)

Location of closest available public sewage disposal system.

(N)

Provision for collecting and discharging surface drainage.

(O)

Preliminary design of bridges or culverts which may be required.

(P)

The proposed lot lines with approximate dimensions and in the case of odd or irregular-shaped lots, suggested location of buildings. Show square footage of each lot in a rectangle within each lot.

(Q)

The proposed location of sidewalks, curbs, gutters, water mains, sanitary sewers, storm drains, manholes, inlets, underground conduits and seawalls, and the sizes and shapes and types thereof, the character and width and depth of pavement and sub-base.

(R)

The location of proposed permanent utility easements.

(S)

Where the tentative plat submitted covers only a part of the subdivider's entire holding, a sketch of the prospective future street system of the unsubdivided part shall also be submitted and the street system of the unsubmitted part will be considered in the light of adjustments and connections with the street system of the part submitted.

(T)

A plat application on the form prescribed by the department of community sustainability.

(U)

An environmental survey, an aerial photograph, or other reliable depiction of the environmental characteristics of the site.

3.

Filing copies of tentative plat and plat application. The subdivider shall file eleven (11) blueprints and one (1) reproducible copy of the tentative plat with the department, together with two (2) copies of the plat application.

4.

Checking; investigating. The subdivider shall pay such fees as are prescribed in the fee schedule for checking and investigating the tentative plat.

5.

Review of tentative plat. Copies of the tentative plat shall be distributed to the departments for community sustainability, public services and utilities and to such other departments as may be necessary. After review by these departments, the plat shall be forwarded to the planning and zoning board or historic resources preservation board, as applicable (hereinafter the "review board"), and then to the city commission for consideration. Approval of a tentative plat by the city commission shall confer upon the subdivider the right, for a twelve-month period from the date of approval, that the terms and conditions under which the tentative plat approval was granted will not be changed if the final plat is in accordance with the tentative plat approval. The city may, after the twelve-month period, require complete reconsideration of all or any part of a tentative subdivision plat.

6.

Review board recommendation. The review board shall determine whether a tentative plat is in conformity with the provisions and requirements of these regulations and other applicable requirements of the ordinances of the city. It shall make such investigations and recommendations as may be deemed necessary to insure such conformity and to cause the tentative plat to be consistent with the city's comprehensive plan. The board shall recommend approval, approval with conditions, or disapproval of the tentative plat. The board's recommendation shall be forwarded to the city commission, signed by the chairman of the board, and filed with the city clerk. Upon recommending approval, approval with conditions, or disapproval, such action shall be endorsed on the face of each copy of the tentative plat by the secretary of the board. The city commission shall either approve, approve with modifications or conditions, or disapprove the tentative subdivision plat, or may refer the plat to any board or officer of the city for further consideration, after considering the recommendation of review board and all aspects of the plat necessary to meet the intent and requirements of this section and the comprehensive plan.

7.

Effect of consideration of tentative plat. The consideration of a tentative subdivision plat by the board and any recommended approval which it may submit does not constitute final acceptance and approval of the proposed subdivision. Such final acceptance and approval may only be given by the city commission.

h)

Final plat.

1.

Conformity to tentative plat. The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to the requirements of this section and to the conditions of tentative plat approval. Otherwise the final plat shall conform to the approved tentative plat, and it may constitute only that portion of the approved tentative plat which the subdivider proposes to record and develop at the time, provided that such portion conforms with all requirements of this section and meets with the approval of the directors for the departments for community sustainability, public services and utilities.

2.

Preparation. The final plat shall:

A.

Be prepared by a land surveyor registered in the State of Florida;

B.

Be clearly and legibly drawn in India ink on tracing cloth, or other acceptable materials, to a size twenty-four (24) inches by thirty-six (36) inches, and to a scale of one (1) inch equals one hundred (100) feet or one (1) inch equals two hundred (200) feet;

C.

Insofar as preparation is concerned, comply with all applicable regulations of the city and county and the laws of the State of Florida dealing with the preparation of plats.

3.

Contents. The final plat shall include:

A.

Name of subdivision. The plat shall have a title or name acceptable to both the city and county. When platting a new subdivision, an addition to, or revision of a recorded subdivision plat, the title of the plat shall include the name of such new subdivision, addition or revision, the name of the city, county, and the state, section, township, and range of which such platted land is a new subdivision, addition or revision.

B.

Legal description. There shall be lettered or printed upon the final plat a full and detailed description of the land embraced in the plat showing the township and range in which such lands are situated and the section and part of sections platted and a location sketch showing the plat's location in reference to the closest section corner or quarter section corner of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. If a resubdivision of a part of a previously recorded plat is proposed, the previous lots and blocks to be resubdivided shall be given. If the plat be a resubdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in a manner provided by law.

C.

Names of adjacent subdivisions.

D.

Names or numbers and width of streets immediately adjoining plat.

E.

All plat boundaries.

F.

Bearings and distances to the nearest established section or quarter section corner or other recognized permanent monuments which shall be accurately described on the plat.

G.

Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing.

H.

Accurate location of all monuments.

I.

Length of all arcs together with deltas, degree of curves, radii, tangent distances, internal angles, points of curvatures and tangent bearings.

J.

When lots are located on a curve or when side lot lines are not parallel and are at angles less than or more than ninety (90), the width of the lot at the front building setback line shall be shown.

K.

The name or numbering and right-of-way width of each street or other public-of-way shown on plat.

L.

The numbering of all lots and blocks shown on the plat. All lots shall be numbered by progressive numbers individually or in blocks progressively numbered. Blocks in numbered additions, bearing the same plat name, shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat."

M.

All areas dedicated for public purposes.

N.

The dimensions of all lots and angles.

O.

Square foot areas to the nearest foot of each lot shown in a rectangle within each lot.

P.

Location, dimension and purposes of any easements.

Q.

Certification by a State of Florida registered land surveyor to the effect that the plat represents a survey made under his direction and that all monuments shown thereon actually exist, and that their location is correctly shown.

R.

An acknowledgment by the owner of his adoption of the plat, and of the dedication of streets and other public areas, and the consent of any mortgage holders to such adoption and dedication. Existing right-of-way beneath a proposed plat must be vacated in accordance with city regulations prior to approval and acceptance of a final plat by the city commission.

S.

The signature of the review board chairman, the city manager, the city clerk and the mayor.

4.

Other data required with final plat.

A.

A certificate by the director of public services and the directors for water and electrical utilities certifying that the subdivider has either installed all required improvements or has posted a letter of credit or cash bond in an amount of one hundred ten (110) percent of the cost of improvements as estimated and submitted by the platter's engineer and verified by the director of public services and the directors for water and electrical utilities to assure the completion of all required improvements.

B.

Current certificate of title from a title company doing business in the State of Florida or opinion from an attorney authorized to practice law in this state, either of which must demonstrate fee simple title in applicant.

C.

Certification from the city and county that all taxes and assessments have been paid on the land within the proposed subdivision.

D.

If a zoning change is involved, certification from the department for community sustainability shall be furnished to the city clerk indicating that the change requested has been approved and is in effect, and that the size of lots and other features shown on the plat conform to all zoning requirements. Signing of the final plat by the city clerk shall constitute such certification.

h)

Final approval of plat; rejection . Approval of a plat by the directors for community sustainability and public services shall indicate the plat complies with this section, these LDRs and other applicable ordinances of the city, and is consistent with the comprehensive plan. Such approval is notice to the city commission that they may accept and approve the plat and authorize the review board chairman, the city manager, the city clerk and the mayor to execute said plat accordingly. After approval has been given as provided in this section, the director for community sustainability shall inform the subdivider, or his engineer, as the case may be, that the plat has been given final approval and is ready for recording in the public records of the county. In the event that the plat has been rejected, the director for community sustainability shall so notify the subdivider or his engineer in writing with a statement of reasons for such rejection.

i)

Letters of credit . Any requirement for a letter of credit under this section shall be satisfied by presentation of an irrevocable letter of credit written by a bank chartered by the State of Florida, or the United States government or any other state of the United States if the bank is authorized to do business in the State of Florida, whose legal lending limit exceeds the total face amount of the letter of credit. A letter of credit shall be accompanied by a letter executed by an officer of the bank certifying that the total face amount of the letter of credit is less than the legal lending limit of the bank, as defined herein, as of the date of the letter of credit. For the purposes of this section, "legal lending limit" means:

(1)

For a bank chartered by the State of Florida, ten (10) percent of the unimpaired capital and surplus of the bank.

(2)

For a bank chartered by the United States government, ten (10) percent of the amount of the capital stock usually paid in and unimpaired and ten (10) percent of the unimpaired surplus fund of the bank.

(3)

For a bank chartered by any state other than the State of Florida, the limitation imposed by the law of that state upon unsecured loans and lines of credit by the bank to any one (1) person, or ten (10) percent of the unimpaired capital and surplus of the bank, whichever is less.

The letter of credit shall be in a form acceptable to the city attorney and shall contain, as a minimum, the following provisions:

(1)

An expiration date of at least one (1) year from the date of issuance.

(2)

A provision that requires the issuer of the letter of credit to give at least thirty (30) days' notice to the city prior to expiration or renewal of the letter.

(3)

A provision that the letter is automatically renewed for a period of time equaling its original term if the written notice required hereunder is not given.

j)

Building permits . A building permit shall not be issued for any structure on a lot wherein the final plat has not been approved and recorded in the manner prescribed herein, unless the recording of a plat is not required.

k)

Public improvements and maintenance, withholding from subdivisions not approved or accepted . The city shall withhold all public improvement of any nature, including but not limited to, the maintenance of streets and the furnishings of sewage and water service, from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted, in the manner prescribed herein.

l)

Drainage .

1.

Permit to construct or alter drainage ways. No individual, partnership, or corporation shall construct, deepen, widen, fill, reroute, or alter any existing drainage way, ditch, drain, or canal without first obtaining a written permit from the city. Rights-of-way for such work must be dedicated to the use of the public or deeded in fee simple or by easement as may be required by the city to a proper governmental water control district; such dedication or deed to be made prior to any such construction or alteration.

2.

Rights-of-way and easements. Whenever any drainage way, stream, or surface drainage course is located or planned in any area that is being subdivided, the subdivider shall dedicate in fee simple or easement such stream or drainage course. Utility easements and drainage easements should not be combined or overlap and drainage easements shall take precedence.

3.

Stormwater. Adequate provision shall be made for the disposal of stormwater subject to the standards of the South Florida Water Management District, the Lake Worth Comprehensive Plan, and the city's master drainage plan.

4.

Contour map and drainage of adjacent areas. A contour map shall be prepared and submitted by a Florida registered land surveyor or engineer for the area comprising the subdivision and such additional areas as may be required by the director of public services necessary to include all watersheds which drain into or through the property to be developed, provided that this map of the adjacent areas may be prepared from existing maps or other data available to and acceptable by the director of public services. The design for drainage of the subdivision must be adequate to provide for drainage of adjacent watershed areas, and design or drainage structures must provide for drainage of adjacent watersheds after complete development to the total area. Where ditches and canals are required, rights-of-way shall be provided for future needs in accordance with uniform standards prescribed in the public works manual; provided, however, that the developer may be permitted by the director of public services to excavate, open, or construct necessary drainage facilities of sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent watersheds may warrant as determined by the director of public services. Existing natural drainage features and wetlands shall be protected to the maximum extent feasible.

5.

On-site drainage. Drainage shall be detained on private property in accordance with the drainage level of service standards in section 23.5-7.

m)

Design standards .

1.

Conformity with master plan. If a master plan has been adopted for such area, the proposed subdivision shall conform in principle with such master plan, which shall be on file in the department for community sustainability.

2.

Streets.

A.

Conformance. The arrangement, extent, width, grade and location of all streets shall conform to the master plan, if one has been adopted for the area, and shall be considered in their relation to existing and planned streets, topographical conditions, to public conveniences, safety, and in their appropriate relation to the proposed uses of the land to be served by such streets, and where not shown on the master plan, the arrangement and the other design standards of streets shall conform to the provisions found herein.

B.

Relation to adjoining street system. The arrangement of streets in new subdivisions shall make provisions for the continuation of existing streets in adjoining areas.

C.

Projection of street. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provisions for the proper projection of streets.

D.

Streets to be carried to property lines. When a new subdivision adjoins unsubdivided land then the new streets shall be carried to the boundaries of the tract proposed to be subdivided where required to promote reasonable development of the adjacent lands or provide continuity of road systems.

E.

Street jogs prohibited. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be prohibited unless because of unusual conditions the directors for community sustainability and public services determine that a lesser centerline offset is justified.

F.

Dead-end streets or cul-de-sacs. Dead-end streets or cul-de-sacs designed to be permanent shall be provided at the closed end with a turnaround having a forty-five-foot radius. If a dead-end street is of a temporary nature and more than one (1) lot in depth, a similar turnaround shall be required, and provision made for future extension of street into adjoining property.

G.

Marginal access streets. Where a subdivision abuts or contains an existing limited access highway, freeway, or arterial street, a marginal access street or other such treatment as may be necessary for adequate protection of residential property and to afford separation of through and local traffic shall be required.

H.

Minor streets. Minor streets shall be so laid out that their use by through traffic shall be discouraged.

I.

Railroad on or abutting subdivision. Where a subdivision abuts 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 the appropriate use of the intervening land for park purposes in residential districts or for commercial or for industrial purposes in appropriate districts. Such distances shall be determined with due regard for the requirements of approach grade and future grade separation in accordance with directors for community sustainability and public services.

J.

Reversed curves. A tangent of at least one hundred (100) feet long may be required between reversed curves on arterial and collector streets.

K.

Connecting streets. When connecting street lines deflect from each other at any one (1) point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance.

L.

Right-angle intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles.

M.

Property lines at street intersections. Property lines at street intersections shall be rounded with a radius of twenty-five (25) feet. A greater or lesser radius may be prescribed by the director for public services in special cases. The director for public services may permit comparable cut-offs or chords in place of rounded corners.

N.

Rights-of-way widths. Street rights-of-way widths shall be as shown on the master plan and where not so shown shall be not less than as follows:

(1)

Arterial: Sixty (60) feet right-of-way.

(2)

Collector: Sixty (60) feet right-of-way.

(3)

Marginal access: Forty (40) feet where required in residential areas; forty (40) feet where access is limited by a limited access highway, a railroad or canal; sixty (60) feet in industrial subdivision.

(4)

Minor, for apartments and residences: Sixty (60) feet right-of-way.

(5)

Minor for industrial areas: Sixty (60) feet right-of-way.

(6)

Additional rights-of-way. Where existing plat dedications for perimeter street rights-of-way are less than twenty-five (25) feet, the proposed adjacent platted street may be improved providing additional rights-of-way are dedicated to increase the rights-of-way to a minimum width of forty (40) feet.

3.

Alleys. Existing, reserved, or dedicated alleys may be permitted in commercial and industrial districts. New alleys shall not be permitted unless the director for community sustainability finds such provision is necessary to provide additional means of service access, for off-street loading, unloading, and parking for the uses proposed.

4.

Easements.

A.

Easements shall be provided for utilities (not including drainage) where necessary and shall have a width approved by the directors for water and electrical utilities.

B.

Where a subdivision is traversed by a watercourse, drainage way or canal, there shall be provided a drainage easement or right-of-way conforming substantially with the lines of such watercourse, and such further width for construction, or both, as will be adequate for the purpose.

5.

Blocks.

A.

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

(1)

Provision of adequate building sites suitable to the special need of the type of use contemplated.

(2)

Zoning requirements as to lot size and dimensions.

(3)

Need for convenient access, circulation, control and safety of street traffic.

(4)

Limitations and opportunities of topography.

B.

Block length shall not exceed fifteen (15) lots, or be less than four hundred (400) feet, unless a lesser or greater length is requested by the subdivider and is deemed advisable because of unusual conditions by the directors for community sustainability and public services.

C.

In blocks nine hundred (900) feet in length or over, crosswalks not less than ten (10) feet wide may be required to provide circulation or access to school, playground, shopping center, transportation, and other community facilities.

6.

Lots. The lot's depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and on the type of development and use contemplated.

A.

Lot dimensions shall conform to the requirements of the city zoning ordinance and in no case be less than one hundred (100) feet in depth.

B.

Each lot shall have frontage on a public street.

C.

Double frontage 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. A planting screen easement of at least ten (10) feet may be required, across which there shall be no right of access.

D.

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

n)

Required improvements . Prior to final approval of a plat, the subdivider shall have installed or shall have furnished a letter of credit or cash bond equal to one hundred ten (110) percent of the cost of improvements for the ultimate installation of the following:

1.

Permanent reference monuments. Monuments shall be placed as required by the director for public services. The monuments shall be of such material, size and length as may be approved by the director for public services.

2.

Streets.

A.

Construction; inspection; approval. All streets shall be constructed and surfaced in accordance with applicable standard specifications of the city. Such construction shall be subject to the inspection of the director for public services or his designee and subject to issuance of permits by the building division. Where street construction complies with specifications, such installation shall be approved and accepted.

B.

Curbs, gutters and drainage. Curbs and gutters may be required and provisions for storm drainage and drainage structures shall be required. Each shall be provided in accordance with standard specifications of the city. Such construction shall be subject to the inspection of the director for public services or his designee, and subjected to issuance of permits by the building division.

C.

Fill. Where fill is necessary in a subdivision it shall be placed to the required elevation after settlement, indicated by the flood criteria and shall be reviewed by the director for public services. The type of fill shall be satisfactory to and meet with the approval of the director for public services, who shall require soil tests of the fill and the underlying material in areas in which streets or other public facilities are to be located. The fill for the balance of the subdivision shall be certified by a registered engineer as to type and method of placement.

D.

Street designation signs. Street designation signs shall be placed at all street intersections within or abutting the subdivision at the expense of the subdivider. Such signs shall be supplied and installed by the city.

E.

Sidewalks. Sidewalks may be required depending upon density, traffic volumes and adjacent development. All sidewalks shall meet FDOT Index 310 and all curb ramps shall meet FDOT Index 304.

3.

Water supply.

A.

Subdivision water supply. Potable water supply for a subdivision within the city limits must be connected to the city's system. Each lot within the subdivision area shall be provided with a connection thereto. All systems and extensions thereto shall be in accordance with the Lake Worth Utility Department requirements and shall be subject to the approval of the director for water and sewer utility, the Palm Beach County Board of Health, and the state board of health.

B.

Fire hydrants. Fire hydrants shall be installed in all subdivisions as may be required by the Southeastern Underwriters Association, the fire chief and the director for water and sewer utility.

4.

Sanitary sewer system. Public sewer systems are required in new subdivisions by the Palm Beach County Board of Health and by city ordinance. Each lot in the subdivision area shall be provided with a connection. All systems, extensions, and connections shall be in accordance with Lake Worth Utilities Department requirements and shall be subject to the approval of the director for water and sewer utility, the Palm Beach County Board of Health and the state board of health.

5.

Stormwater system. Stormwater management for a subdivision within the city limits must be connected to the city's stormwater management system. Each lot within the subdivision area shall be provided with a connection thereto. All systems and extensions thereto shall be in accordance with the Lake Worth Public Services Department requirements and shall be subject to the approval of the director for public services.

A.

Stormwater system shall be constructed in accordance with the city's construction standards and specifications and in accordance with FDOT Index's on "Drainage." Such construction shall be subject to the inspection by the director of public services and subject to permits issued by the building division.

B.

Erosion control measures and best management practices shall be utilized in construction of stormwater systems and shall be subject to inspection by the director of public services. An erosion control plan shall be submitted prior to issuance of the building permit.

C.

Stormwater system improvements are subject to the approval of, but not limited to, the city's public services department, South Florida Water Management District, Army Corps of Engineers, and the Lake Worth Drainage District.

6.

Electrical supply system. Electrical supply for a subdivision within the city limits must be connected to the city's electrical utility system. Each lot within the subdivision area shall be provided with a connection thereto. All systems and extensions thereto shall be in accordance with the Lake Worth Utilities Department requirements and shall be subject to the approval of the director for electric utility.

o)

Construction plans .

1.

Preparation. The applicant, or his engineer, shall confer with the public services and the public utilities departments to determine the standards and specifications which will govern the proposed improvements. The applicant shall submit to the director for public services complete construction plans prepared by an engineer registered in the State of Florida for the entire development of the area for which application to plat has been submitted, together with a complete and accurate contour map using National Geodetic Vertical Datum (NGVD) and a drainage plan showing elevations of adjacent properties. Sewer and water systems shall be reviewed and approved by the director for the water utility, director for public services, the county board of health and state department of environmental regulation. Construction plans shall include the complete design of required sanitary sewer, water supply, storm drainage and street systems for the entire area to be subdivided. Due consideration shall be given to the problems that may be created by the subdivision of adjacent lands, especially as pertains to storm drainage, in order that conformity with the overall master drainage plan will be obtained. Construction plans shall conform to the requirements of the Lake Worth Utilities Department, the city engineer, and all applicable ordinances.

2.

Approval of plans. All construction plans are to be reviewed and approved by the public services department and building division. Sewer and sewer plans shall also be reviewed and approved by the Lake Worth Utilities Department, the county health department, and no water or sewer construction shall commence prior to receipt of the approved county health department permit.

3.

Construction of improvements; inspection fees.

A.

After approved construction plans have been received, the applicant may construct the required improvements, subject to obtaining the required permits from the department for community sustainability. The city engineer shall be notified at least forty-eight (48) hours in advance of the date that such construction shall be commenced. Construction shall be subject to inspection by the utilities and public services departments. However, this in no way shall relieve the applicant and his engineer of close field supervision and final compliance with the approved plans and specifications. The public services department shall establish detailed regulations governing the inspections to be furnished by the developer or his engineer and may refuse to accept work done without proper inspection. Construction work shall not be undertaken prior to notifying the public services department. Prior to the issuance of the required permits, the applicant's engineer shall submit a certified estimate of construction costs of the required subdivision improvements. The applicant shall then pay an inspection fee to the city based upon the engineer's certified construction cost estimate in accordance with a schedule, to be determined, to cover resident supervision by the city during construction, and during a maintenance period of one (1) year following acceptance of the improvements by the city.

B.

An additional fee shall be paid to the city based upon a revised cost estimate or the final cost, according to the schedule mentioned above.

C.

Work started without a permit. Where work for which a permit is required by this section is started or proceeded with prior to obtaining the permit, the applicant shall pay an additional amount equal to the determined minimum fee for each day of unauthorized construction. The payment of such additional fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work.

D.

The applicant shall employ a Florida-registered engineer for complete supervision of the construction and installation of the improvements involved, and shall provide progress reports, two (2) sets of signed and sealed as-built plans, one (1) reproducible mylar of the as-built plans, and final certificate of the construction or installation from such engineer to be filed with the city engineer.

E.

Re-inspection fees. There shall be a fee for each re-inspection, due to wrong address, work rejected because of faulty construction, work not ready for inspection at time requested, code violations, repairs or corrections not made when inspection is scheduled, or premises not accessible to the inspection.

4.

Acceptance of improvements. When construction is complete in accordance with the approved plans and specifications and complies with the provisions of this subsection, the applicant shall obtain written approval and acceptance from the director for public services and the directors for water and electrical utilities.

5.

Letter of credit or cash bond in lieu of immediate construction. In lieu of immediate construction of improvements, the applicant shall file with the city attorney a letter of credit, or cash bond approved by the city attorney and city engineer, in an amount equal to one hundred ten (110) percent of the cost of the improvements to ensure the city the actual satisfactory completion of construction of proposed improvements within a period of not more than one (1) year from the date of the letter of credit or cash bond. The letter of credit for the installation of sidewalks may be a separate letter of credit or cash bond. The city engineer may require the applicant to recalculate and resubmit revised construction cost estimates, and letter of credit or cash bond. Provisions shall be made for extension of all such letters of credit or cash bonds, such extension to be commensurate with the percentage of improvements constructed in the subdivision concerned. Letters of credit or cash bonds shall also include a maintenance provision for one (1) year, covering all improvements by the applicant in an amount equal to fifteen (15) percent of the certified cost of the improvements. Letters of credit or cash bonds shall be subject to cancellations, reduction or renewal only by the city commission upon written certification of the city engineer.

p)

Subdivision of portion of tract . The owner or developer of a tract may prepare a master plan for an entire tract and then may submit a tentative and final plat for only a portion of the tract. No construction of the subdivision improvements shall be started until construction plans for the entire area covered by the final plat have been approved. Except as provided in this subsection, improvements must be installed for all of that area for which a final plat is submitted before building permits will be issued.

q)

Encroachment on or in street rights-of-way . Utilities, including franchised utilities, power and light, telephone and telegraph, water, sewer and gas, shall be constructed and installed beneath the surface of the ground; provided, however, that this subsection is not applicable to the erection on the ground or flush to the ground of transformers, pull-boxes, service terminals, pedestal-type telephone terminals, telephone splice closures or other similar on-the-ground facilities normally used with and as a part of an underground distribution system; nor to main feeder electric lines the principal purpose of which is delivering power between substations or from substations to local single-phase distribution systems.

A.

It is the intent of this section, in the case of electric power, that the underground requirement is applicable to the underground residential systems set forth by the standards of the electric utility involved, using single-base primary laterals, secondary and services necessary to serve a subdivision. It is not the intent to include an underground requirement for transmission or main distribution feeder lines serving more than the immediate area.

B.

The subdivider or developer shall make the necessary cost and other arrangements for such underground installation with each of the persons, firms or corporations furnishing utility services involved.

C.

The city commission may grant modifications to any of the provisions of this subsection on its own initiative or upon application from the utility or developer whenever the property to be divided is of such size or shape or is affected by such topographical location or subsurface or topographical conditions that it is impractical or economically unfeasible to conform to the strict application of the requirements of this subsection.

D.

The posting of a performance bond by the developer may be necessary to carry out the intent and purpose of this subsection.

E.

Utilities shall be constructed in assigned lanes where possible.

r)

Median strip beautification and utilization . Median strips which are part of a dedicated or deeded right-of-way to the city for street and highway purposes may not be utilized by others than the city or a city franchised utility except as follows:

1.

Landscape beautification. A developer or a property owner's association may landscape and beautify a median strip in proximity to their subdivision by placing grass and shrubs thereon provided that a landscape beautification permit shall be first obtained. The application for such landscape beautification permit shall be made in writing to the city manager and shall include a sketch or plan which shall contain sufficient detail as to location and dimension of the area involved and the materials and plantings to be utilized to follow and completely explain the proposal. The city manager shall refer such application to the department of public services, building division and law enforcement and fire prevention entities for their examination and advice and, upon receiving their respective approval of a finalized plan for same, shall authorize the building division to issue the permit for such work.

2.

Subdivision entrance signs. A subdivision entrance sign, including walls, fences, gates, rock piles or ornamental devices in connection therewith, may be constructed on or located upon a median strip in a dedicated or deeded right-of-way provided that such construction shall comply with the following requirements:

A.

No such entrance sign or structure in connection therewith shall be located within any front buildings setback line or within a twenty-five-foot radius of an intersection, whichever is greater.

B.

No such entrance sign or structure in connection therewith shall exceed an overall vertical height limitation of four (4) feet above grade level and a maximum of sixteen (16) square feet total area.

C.

There shall be a minimum side setback line observed in the median strip so that no such construction shall be located or placed within a horizontal distance of four (4) feet from the edge of the pavement of any such street or street area.

D.

The construction shall not interfere with visual line of sight of motorists or pedestrians lawfully traveling upon said streets and highways or with the orderly flow of traffic.

E.

Maintenance of such entrance signs and appurtenances thereto shall be and remain the responsibility of the developer or property owners' association, their successors and assigns, and shall not become the responsibility of the city except by the express assumption thereof by resolution.

s)

Placement, location of subdivision entrance signs . Subdivision entrance signs and appurtenances thereto which are constructed in whole or in part upon plots of land adjoining a right-of-way for street and highway purposes other than in the median strip thereto shall be placed so as not to constitute a traffic hazard. All of the requirements imposed upon subdivision entrance signs located in the median strip shall likewise apply to entrance signs located off the median strip except as to the minimum side setback line requirement which shall provide that no such construction shall be located or placed within a horizontal distance of four (4) feet from the edge of the pavement of any such street or street area.

t)

Exceptions from subdivision provisions .

1.

Authority of review board. The planning and zoning board or the historic resources preservation board, as applicable, (hereafter the "review board"), upon recommendation of the directors for community sustainability, public services, and utilities shall recommend to the city commission the granting or denying of an exception from these regulations when in its opinion undue hardship may result from strict compliance, except that no exception may be granted from subsection n), above, "Required improvements." Upon receiving such recommendation to deny or approve from the review board, the city commission may vary the regulations so that substantial justice may be done, provided that in granting such exception, the city commission shall prescribe any conditions that it deems necessary to, or desirable for, the public interest.

In making their findings, the review board and the city commission shall take into account, among other things, the nature of the proposed use of the land and the existing use of the land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.

No exception shall be granted unless the city commission finds, among other things, that all three (3) of the following conditions exist in regard to the land concerned:

A.

That there are special or unique circumstances or conditions affecting the property and that the strict application of the provisions of this section would deprive the applicant of the reasonable use of his land.

B.

That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant.

C.

That the granting of the exception will not be detrimental to the public welfare or injurious to the other property in the surrounding area in which the property is situated.

2.

Large scale developer. The standards and requirements of these regulations may be recommended for modification by the review board in the case of a plan and program for a complete community which in the judgment of the board provides adequate public spaces and improvements for the circulations, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan.

3.

Hearing; notice. All such exceptions shall be granted only after a quasi-judicial hearing and published and mailed notice as set forth in section 28-2.15 of these LDRs. The review board shall not act without considering the recommendation of the directors for community sustainability, public services, and utilities.

(Ord. No. 2016-17, § 3, 5-17-16)