2010-06 Code Amendment - Sidewalks & DrivewaysORDINANCE 2010-06
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 24, "STREETS,
SIDEWALKS AND PUBLIC PLACES," ARTICLE III, "SIDEWALKS AND
DRIVEWAYS," BY AMENDING DIVISION 1, "GENERALLY," AND
DIVISION 2, "PERMITS," TO ALLOW FOR THE REPLACEMENT AND
EXPANSION OF NON-CONFORNIING DRIVEWAYS WITHIN THE RIGHT-
OF-WAY AND TO TRANSFER ALL DUTIES RELATING TO THE
CONSTRUCTION, INSPECTION AND PERMITTING OF DRIVEWAYS AND
SIDEWALKS FROM THE VILLAGE ENGINEER TO THE BUILDING OFFICIAL;
AMENDING SECTIONS 24-43, 24-44, 24-46 AND 24-58; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Code currently requires that all portions of driveways located
between the street and the sidewalk or property line (also referred to as driveway aprons) be
constructed of cement concrete; and
WHEREAS, there are a number of non-conforming driveway aprons within the Village
that are constructed of asphalt or other materials and the Village Council wishes to allow for the
replacement or expansion of such aprons when they match the portion of the driveway located on
private property; and
WHEREAS, the Village Council further wishes to transfer all duties relating to the
construction, inspection and permitting of driveways and sidewalks from the Village Engineer to
the Village Building Official; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the
interests of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 24, "Streets, Sidewalks and Public
Places," Article III, "Sidewalks and Driveways," by amending Division 1, "Generally," to read as
follows (additional language underlined and deleted language is st~ie-loe~tgh):
DIVISION 1. GENERALLY
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Sec.24-43. Specifications.
• (a) Generally. Sidewalks and driveways shall be constructed in
accordance with the following specifications:
(1) Sidewalks and the driveway between the street and sidewalk or
property line shall be constructed of Portland cement concrete,
using durable materials in such proportions that a hard dense
product with a minimum twenty-eight day strength of two thousand
five hundred (2,500) pounds per square inch.
(2) Excavation shall be made to the required depth and the subgrade 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.
(3) Grading shall be carried to a width of two (2) feet beyond the edge
of the proposed work.
(4) Joints shall be of the open type. The joint shall be formed by staking
a metal bulkhead in place and placing the concrete on both sides of
it. After the concrete has set sui~ciently 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 aone-half-inch radius.
(5) The concrete shall be given a wood float finish, if appropriate, or a
steel-troweled finish, slightly brushed to remove slipperiness. The
surface variations shall not be more than one-quarter of an inch
under aten-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 aradius ofone-half inch.
(6) The concrete shall be cured by ponding or other recognized means.
(b) Sidewalks. Sidewalks shall be at least five (5) feet in width and a
minimum of four (4) inches in thickness, subject to the approval of the vil}age
er~g~eer buildin og fficial.
(c) Driveways. In addition to the specifications set forth in paragraph
(a) of this section, driveways between the street and sidewalk or property Iine shall
conform to the following specifications:
(1) Minimum of six (6) inches in thickness, including the sidewalk
• section, with edges thickened to a minimum of eight (8) inches.
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(2) Minimum of eight (8) feet wide at the sidewalk and shall flare
• uniformly to a width of fourteen (14) feet at the edge of the paving,
unless extenuating circumstances as determined by the building
official suggest a variance of this flare width, and in such instances
the flare requirements shall be determined by the building official.
(3) The profile shall follow the roadside swale so as not to interfere
with drainage.
(d) Non-conforming driveways. Notwithstanding the foregoing,
existing non-conforming driveways located between the street and the sidewalk or
property line that are not constructed of cement concrete and that match the
portion of the driveway located on private property may be expanded or replaced
utilizing the existing material. In the event of such expansion or replacement, all
other requirements of this section shall be satisfied to the fullest extent possible. as
determined by the building official.
Sec.24-44. Driveways to be constructed under supervision of ~llage
eagi~eer building official.
Every driveway shall be constructed under the supervision of and subject to
the direction of the ~~~'_'~a_ °~a~ °°r building official, and according to plans and
specifications of the village. Upon failure to comply with all the 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 24-45.
Sec.24-45. Reserved.
Sec. 24-46. Dangerous or abandoned driveways.
Should the vehicular or other use of any driveway, in the opinion of the
villi~ge-engineer building official, be or become dangerous to pedestrians, or should
the use of such driveway be discontinued or such driveway abandoned, then the
~~~"~R° °~~~~°°r building official shall give notice in writing to the owner of record
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ofthe abutting property to restore within thirty (30) days such curb and sidewalk
to the original or proper condition.
Sec. 24-47. Performance of work by village upon failure to comply with
article.
In case any driveway, curb or sidewalk shall not be paved, repaved,
repaired or restored according to the provisions of the permit, or this article, the
~~~"~~° °~~~~°°Y building official may order the same to be done under his direction
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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.
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Section 3. The Village Council hereby amends Chapter 24, "Streets, Sidewalks and Public
• Places," Article III, "Sidewalks and Driveways," by amending Division 2, "Permits," to read as
follows (additional language underlined and deleted language is strislo~):
DIVISION 2. PERMITS
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Sec. 24-58. Same--Application; information required.
(a) Application for a permit required by section 24-56, shall be made in
writing to the building official by the owner of the abutting premises.
(b) Such application shall set forth the points at which such driveway
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 ~ ~~"~ ~° °~ °°-' building official.
Section 4. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village ofNorth Palm Beach, Florida.
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 25th DAY OF FEBRUARY, 2010.
PLACED ON SECOND, FINAL READING AND PASSED THIS 11th DAY OF MARCH, 2010.
(Village Seal)
VICE OR
ATTEST: _ _
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
• VILLAGE ATTORNEY
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