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.
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BE IT ORDAIIdEI) BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
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PALM BEACH, FLORIDA:
Section 1. (:1) Sidewalks - Construction of Required in Certain
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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.
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(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
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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.
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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_
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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
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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
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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.
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(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
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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