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Ordinance 017 SidewalksPage ORDINANCE #17 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM HEACH, FLORIDA, PROVIDING FORA CODE FOR THE CONSTRUCTION OF SIDEGkILKS AND RE- QUIREMENTS FOR DRIVEWAYS, ANi) THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING PENALTIES FOR THE VIOLATION OF SAID CODE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. # + ~ BE IT ORDAIIdEI) BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH n u PALM BEACH, FLORIDA: Section 1. (:1) Sidewalks - Construction of Required in Certain n LJ Cases. Before a building pe:anit shall be issued for the erection of any struc- ture upon airy plot of land in the Village not improved by a paved and usable sidewalk fronting such plot, the plans for such construction must include pro- visions for construction con<:urrently with the construction of the building of a Portland Cement Concrete s:dewalk of at least £ive (5) feet in width, and a - minimum of four (4) inches in thickness, and with other specifications as set forth hereinafter, and subject to the approval of the Village Engineer, such sidewalk to be built at the expense of the owner of such property. No certif i- cate of occupancy shall be issued as to such building unless and until such sidewalk is completed. The provisions of this section shall also apply to per- mits for the repairs of exisi:ing buildings upon any plot of land not improved by such a paved and usable sidewalk in the case where the total cost of such repairs as determined by the Village Building Inspector shall equal or exceed 25 per cent of the last assessed Village tax valuation of the buildings to be repaired. In any case, a separate permit, as covered by section 2 (1), shall be required for sidewalk or driveway construction or reconstruction. Any person who feels himself aggrieved ~>y the application hereof to his case shall, if his building permit be denied by reason of the foregoing, have the right to appeal to the Building Board of Appeals of the Village by informal petition. In any case, where the cost of making such sidewalk improvements shall be shown to work an undue hardship upon t:he owner, the Village Council, upon recommendation by the Board of Appeals, may enter into agreement on behalf of the Village with the owner whereby the Village will furnish the materials and labor for construc- tion of such sidewalk, such agreement to contain suitable provisions for the reimbursement of the cost of such labor and materials by the owner to the Village over a term of years, secured in such manner as shall be provided for in such agreement. n lJ Page • (2) Sidewalk Specifications. Sidewalks and drive- ways shall be constructed of Portland Cement Concrete, using durable materials in such proportions that a hard dense product with a minimum 28 day strength of 2500 pounds per square inch shall result. Excavation shall be made to the required depth; and the sub-grade or base, upon which the sidewalk or driveway is to be set, shall be compacted to a firm even surface true to grade and cross section, by means of rolling and tamping, adding water if required to secure optimum compaction. Grading shall be carried to a width of two feet beyond _ the edge of the proposed work. Joints shall be of the open type. The joint u shall be formed by staking a metal bulkhead in place and placing the concrete on both sides of it. After the concrete has set sufficiently to preserve the width and shape of the joint, the bulkhead shall be removed. After the walk has been finished over the joint, the slot shall be opened and edged with a tool having a one-half inch radius. The concrete shall be given a wood float finish, if appropriate, or a steel troweled finish, lightly brushed to remove slipperiness. The surface variations shall not be more than one-quarter of an inch under a ten foot straight edge nor more than one-eighth of an inch on the transverse section. The edge of the sidewalk shall be carefully finished with an edging tool, having a radius of one-half inch. The concrete shall be cured by ponding or other recognized means. Section 2, (1) Compliance with Section 1 and permit required. • No person shall construct initially, nor lower any curb or change the grade of any sidewalk, for the purpose of providing a driveway across such sidewalk, or construct any driveway across Village property or street right of way, except upon complying with the provisions of this section and upon a permit granted by the Village. All driveways shall be of Portland Cement Concrete, a minimum of six (6) inches in thickness, including the sidewalk section, and with edges thickened to a mininum of eight (8) inches. f2) Application for permit; infornation required. Application fora permit, required by section 2 (1) shall be made in writing to the Building Official by the owner of the abutting premises. Such application shall set forth the points at which such drive*.say shall begin and end, as measured from the property line of_the first street intersecting such curb or sidewalk and shall be accompanied by a plan, if so required by the Village Engineer. All driveways shall be a minimum of eight (8) feet wide at the side- walk and shall flare uniformly to a width of fourteen (14) feet at the edge of_ Page ,~, 3 the paving unless extenuating circumstances as determined by the Building Official suggest a variance a` this flare width and in such instances the flare requirements shall be determined by the Building Official. (3) Fee to cover expense of inspection; deposit to insure proper construction. In consideration of the granting of such permit, the Village is hereb;,r authorized to charge a fee of ten dollars ($10.00) to cover expenses in connection with the inspection_of the con- struction of a sidewalk, or driveway, including in the case of driveways across an existing walk, its ultimate restoration to original line and grade. No work shall be commenced until after grade elevations have been furnished by the Village Engineer. The Village is also authorized to re- quire a deposit of fifty cents per square foot for the returns, ramp and sidewalk to be altered to insure proper construction, such deposit being returned on final approval of the construction by the Village Engineer. (4) Construction to be under_supervision of C Village Engineer and according to plans and spec ifications~ revocation of permit, etc. Every driveway shall be constructed under the supervision of and subject to the direction of the Village Engineer, and according to plans and specifications of the Village, and on condition that, upon failure to comply with all tine terms of the permit, the permit may be revoked and the sidewalk and curb restored to its original line and grade and paid for out of the deposit required by section 2 (3). (9) Driveways becoming dangerous or being r1 LJ abandoned. Should the vehicular or other use of anp such driveway, in the opinion of the Village Engineer, be or become dangerous to pedestrians, or should the use of such driveway be discontinued or such driveway aban- doned, then the Village Engineer shall give notice in writing to the owner of record of the abutting property to restore within thirty (30) days such curb and sidewalk to the original or proper condition. (G) Permit prohibited in certain instances. The Village shall not grant a permit to lower any curb or change the grade of any sidewalk for the purpose of providing a driveway across such curb or sidewalk, or to construct an°~ driveway across Village property when, in its opinion, the actual or intended use of such driveway would endanger pedes- trians, and in no case shall a permit be granted to use the space within the radius of a curb or street return, or of any sidewalk intersection, as a driveway. Page • (7) Failure to pave, etc., in accordance with section; authority of engineer to order work done under his supervision; lien. ' In case any driveway, curb or sidewalk shall not be paved, repaved, repaired or restored according to the provisions of the permit, or this section, the Village Engineer may order t:he same to be done under his direction and for the owner's account and the expense thereof, until paid, shall be a lien upon ' the abutting property and be filed as therefor provided. (8) Payment of cost of changing or removal of public utilities; deposit. The petitioner for a permit to make alterations as provided by this section shall pay for the changing or removal of all • public utilities occasioned by the construction covered by such permit, and shall post an additional deposit in an amount equal to the Village Engineer's estimates of the cost of same. _ Section 3. All ordinances or parts of ordinances in conflict with this ordinance be and the same are hereby repealed, Section 4. Should any part or portion of this ordinance be L for any reason found or declared to be unconstitutional or unenforceable, it shall not affect or impair the remaining parts or portions of said ordi- nance. Section 5. This ordinance shall become effective in accordance with the charter of said Village in such cases made and provided. FIRST READING the 27th day of May, 1957. SECOND, FINAL READIPdG AS AMENDED AND PASSAGE the 6th day of June, 1957. (SEAL) S/ Charles A. Cunningham Mayor ATTEST: S/ R. C. Tufford Village Clerk