Loading...
HomeMy WebLinkAboutOrdinance 119 Streets/Sidewalks ORDINANCE NO. 119 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ENTITLED "STREETS AND SIDEWALKS", PROVIDING FOR THE REGULATION OF EXCAVATION, CONSTRUCTION OR ALTERATION OF ANY STREET OR SIDEWALK OR ANY PART THEREOF; REQUIRING PERMITS BEFORE BEGINNING EXCAVATION, CONSTRUCTION OR ALTERATION; REQUIRING ASSURANCE OF SATISFACTORY COMPLETION AND MAINTEl~NCE OF STREET OR SIDEWALK EXCAVATION, CONSTRUCTION OR ALTERATION BY MEANS OF A SURETY BOND OR, IN THE ALTERNATIVE, A DEPOSIT OF EQUIVALENT CASH IN AN ESCROW ACCOUNT WITH THE CITY; SPECIFYING INSPECTION AFTER EXCAVATION, CONSTRUCTION OR ALTERATION OF STREETS AND SIDEWALKS; PROVIDING FOR DUTY AND LIABILITY OF PERMIT HOLDER; PROVIDING FOR ERECTION AND LIGHTING OF BARRICADES DURING EXCAVATION, CONSTRUCTION OR ALTERATION OF STREETS OR SIDEWALKS; PROVIDING FOR RESTRICTION OF OBSTRUCTION OF STREETS AND SIDEWALKS, INCLUDING OBTAINING OF PERMIT; PROVIDING FOR REQUIREMENT THAT PERMIT BE ISSUED BEFORE GRADING, LAYING OUT OR ESTABLISHING BOUNDARIES OF ANY PUBLIC ROADWAY OR STREET; AUTHORIZING THE CITY COUNCIL TO VACATE AND ABANDON STREETS AND ALLEYS; PROHIBITING THE LITTER OF STREETS, STREET RIGHTS-OF-WAY AND SIDEWALKS; PROHIBITING THE REMOVAL OF TREES AND SHRUBBERY WITHIN STREET RIGHTS-OF-WAY; PROHIBITING PLACEMENT OF SIGNS IN STREET RIGHTS-OF-WAY; PROVIDING ACCESS CONTROL ONTO PUBLIC STREETS AND ROADWAYS FROM PRIVATE PROPERTY; PROHIBITING OBSTRUCTION TO VISION AT STREET INTERSECTION; PROVIDING PENALTY FOR VIOLATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; SEPARABILITY; AND PROVIDING EFFECTIVE DATE. WHEREAS, the City Council of the City of Winter Springs, Florida, desires to establish a new Chapter in the Code of Ordinances entitled "Streets and Sidewalks", and WHEREAS, it is the desire of the City Council of the City of Winter Springs, Florida, to adopt an Ordinance entitled "Streets and Sidewalks" for the following purposes, among others: the establishment of regulations for excavation, construction or alteration of streets and sidewalks within the corporate limits of the City; to secure that any person undertaking excavation, construction or alteration of streets or sidewalks assure satisfactory completion by means of providing a surety bond or, in the alternative, that they provide for a deposit of equivalent cash in an escrow account with the City; the inspect- ion of any excavation, construction or alteration of streets or sidewalks to ascertain that the same is completed in a workman- like manner; to provide for safety barricades during excavation, construction or alteration of streets or sidewalks; to prevent obstruction of streets or sidewalks without first obtaining a permit; the requirement that a permit be obtained before the establishment of boundaries or grade of any public street or roadway; authorizing the City Council to vacate and abandon streets and alleys; to promote the attractiveness of the City streets, street rights-of-way and sidewalks by prohibiting littering; the prevention of removal of trees and shrubbery within street rights-of-way; to eliminate placement of signs in or on street rights-of-way; to provide for access control onto public streets and roadways from private property; and to secure the safety of public streets by prohibiting obstruction of vision at street intersections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION 1: EXCAVATION, CUT OR FILL OF EARTH; PERMIT REQUIRED. It shall be unlawful for any person to do any construction or repair work involving the tearing up and re-laying of any street or sidewalk or any part thereof or to obstruct, dig up or into or in any way disturb any street or sidewalk or part thereof without first procuring a permit authorizing same from the City Councilor an official who has been designated by the City Council to issue such permit. The permit herein provided for shall be issued under such conditions as prescribed by the City Councilor an official who has been designated by the City Council and shall accurately describe the portion of the street -2- or sidewalk or other area to be affected and shall make provision for the replacement of that part of the street or sidewalk which is to be replaced in the same condition as when dis- turbed and shall state a definite time within which the permit shall be operative. SECTION 2: EXCAVATIONS, CUT OR FILL OF EARTH, BOND REQUIRED. As a condition precedent to the issuance of any permit a cash or surety bond must be posted by the applicant therefor, to assure a good and workman-like performance of the repair work. The amount of each cash or surety bond shall be established by the City Councilor an official who has been designated by the City Council and shall be in a sufficient amount to insure the restoration of such City street or sidewalk or any part thereof to the same condition that existed prior to the excavation, construction or alteration, and this shall be done in accordance with specifications rendered by the City Councilor official who has been designated by the City Council. As an alternative to the provision of a surety bond, the person applying for the permit may provide for the deposit of equivalent cash in an escrow account with the City. SECTION 3: INSPECTION. After the alteration has been completed and the property restored, the person issued the permit shall notify the City Councilor an official who has been designated by the City Council, who in turn shall inspect the property and if restora- tion has been completed in a good and workman-like manner, said cash or surety bond shall be restored to the permit holder. In the event that said permit holder fails to perform the obligation hereunder, within a reasonable time, the City Council, or an official who has been designated by the City Council, shall -3- declare the cash or surety bond to be forfeited to the City and the Department of Public Works shall cause the alterations to be restored to their pre-existing condition. SECTION 4 : DUTY AND LIABILITY OF PERMIT HOLDER. Nothing contained herein shall be construed to release or discharge said permit holder from any further liability which may arise from any alteration of City streets or sidewalks or any part thereof, and it shall be incumbent on the permit holder to become properly informed on the location of any utility lines or appurtenances within yhe project area which may be subject to damage as a result thereof. SECTION 5: EXCAVATIONS, CUT OR FILL OF EARTH; ERECTION AND LIGHTING OF BARRICADES. Any person carrying on or doing any construction, excava- tion or repair work on any street or sidewalk or any part thereof in the City pursuant to a permit as provided in Section I hereinabove, shall erect and maintain proper, safe and sufficient barricades, and during that period of time between one-half hour before sunset and one-half hour after sunrise shall maintain sufficient lights or flares around such barricades, work or excavations to warn persons of the presence of such excavation and work and to prevent injury to persons or property. SECTION 6: OBSTRUCTING STREETS AND SIDEWALKS; PERMIT REQUIRED. It shall be unlawful for any person to place or deposit, or cause or allow to be placed or deposited, on any street, avenue, alley or sidewalk, park or other public space within the limits of the City, any building material whatsoever, or any articles or things which may obstruct or hinder the traffic -4- thereon, without a special permit from the City Council or official who has been designated by the City Council to issue such permit. Such permit shall state clearly what space may be used and what materials may be placed thereon, the length of time the permit shall remain in force, and the terms and con- ditions upon which the authorization for placing materials on public property is granted. When in the discretion of the City Councilor an official who has been designated by the City Council, it becomes necessary for the protection of motorists or pedestrians, the person issued the permit shall provide adequate protective devices to include, but not limited to, sheds, walls, and guard rails to protect persons in the area, said protective devices shall be constructed in accordance with plans approved by the City Councilor an official who has been designated by the City Council, and shall be maintained thereafter during the construction or repair, but under no conditions shall the streets or sidewalks be obstructed to such an extent to not allow passage of pedestrian and vehicular traffic. SECTION 8: VACATING AND ABANDONING STREETS AND ALLEYS. The City Council is hereby authorized to vacate, abandon, discontinue, or close any existing roadway, street or alley, and to renounce and disclaim any right of the City and public in and -5- to any land, delineated on any recorded map or plat as a roadway, street or alley. The procedure to be followed shall comply with the provisions of Chapter 335 and Section 336.10, Florida Statutes, as nearly as is practicable. SECTION 9: PROHIBITING THE LITTERING OF STREETS, STREET RIGHTS-OF-WAY, SIDEWALKS; PROHIBITING REMOVAL OF TREES AND SHRUBBERY. 1. It shall be unlawful for any person to throw, or cause to be placed or thrown, dump, or deposit any paper, bottles or pieces thereof, tin cans, garbage, glassware, refuse, debris or any other offensive, unwholesome or unsightly matter whatever in or on any street, road, sidewalk, alley, playground, vacant property or any other public grounds within the City. 2. It shall be unlawful for any person to remove, cut, mar, deface, or destroy any trees, plants or shrubbery which are either planted or natural growths within the rights-of-way of the streets in the City. 3. Any person desiring to plant trees, plants or shrubbery in the City street rights-of-way shall obtain per- mission from the City Council or an official who has been designated by the City Council prior to planting. SECTION 10: PLACEMENT OF SIGNS IN STREET RIGHTS-OF-WAY PROHIBITED. It shall be unlawful for any person to place a sign or signs of any type, other than a traffic sign either placed or approved by the City Councilor official who has been desig- nated by the City Council, in the street rights-of-way within the City. SECTION 11: ACCESS CONTROL. In order to promote the safety of motorists and pedes- trians and to minimize traffic congestion and conflict by -6- reducing the magnitude of and the points of contact, the following regulations shall apply: 1. A point of access, that is, a driveway or other opening for vehicles onto a public street, shall not exceed twenty-four (24) feet in width, except as otherwise provided in this Section. 2. The maximum number of points of access permitted onto anyone (1) street shall be as follows: Lot Width Abutting Street Less than 65 feet Number of Points of Access 1 65 feet - 200 feet 2 Over 200 feet 2, plus 1 for each additional 200 feet or fraction thereof 3. In lieu of any two (2) openings permitted on any one (1) street, there may be permitted a single point of access up to sixty (60) feet in width; however, service stations shall be permitted two (2) openings not to exceed sixty (60) feet each in width, along any abutting public street, provided that such property abuts such street for a distance of not less than one hundred fifty (150) feet. 4. Except in R-1 and R-1A zoning districts, there shall be a minimum distance of twelve (12) feet between any two (2) openings onto the same street. In R-1 and R-1A zoning districts access point openings shall not be closer than two (2) feet of any property line. 5. No point of access shall be allowed within ten (10) feet of the intersection of the right-of-way lines of any public street or streets. 6. No curbs shall be cut or altered, and no point of access or opening for vehicles onto a public street shall be established without a permit from the City Council or an official who has been designated by the City Council. -7- 7. Projects for which a site plan is required, such as plaza developments, compound uses and shopping centers, shall be considered on an individual basis and may deviate from these requirements in the interest of traffic safety after recommendation by the Planning and Zoning Board of the City. 8. Permit fees shall be Twelve Dollars ($12.00) except for single family dwellings, where the fee shall be Five Dollars ($5.00). SECTION 12: OBSTRUCTION TO VISION AT STREET INTER- SECTIONS. It shall be unlawful to obstruct the vision at inter- sections of a street or streets in the City as hereinafter described: 1. There shall be clear vision to and through street intersections from a distance of forty (40) feet from the point of intersection extending down each intersecting street for a minimum distance of forty (40) feet from the point of inter- section. 2. Any plant within the area of clear vision shall not exceed three (3) feet in height. Abutting property owner is responsible to maintain such plants within this height or the plant or plants shall be subject to removal at the expense of the abutting property owner. 3. Trees shall be permitted within the clear vision space, provided that foliage is kept cut back to a height not less than eight (8) feet from the ground. 4. Lamp posts and street name sign posts shall be permitted within the clear vision space described in (1) above. -8- SECTION 13: VIOLATION. Any person who shall begin excavation, construction or repair work involving the tearing up or replacing of any street or sidewalk or any part thereof, or in any way obstruct or disturb any street or sidewalk or any part thereof, or who shall litter streets, street rights-of-way, sidewalks or any part thereof, without first having complied with the provisions of this Ordinance, or otherwise violate any provision of this Ordinance, shall be guilty of a second degree misdemeanor and upon conviction thereof shall be fined in an amount not exceeding Five Hundred Dollars ($500.00), or be imprisoned for a period not exceeding sixty (60) days, or be both so fined and imprisoned. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. SECTION 14: This Ordinance shall not be construed to have the effect of repealing any existing Ordinance concerning the subject matter of this Ordinance, but the regulations established herein shall be supplemental and cumulative; however, in the case of a direct conflict with a provision or provisions of any existing Ordinance, the provision which is more restrictive and imposes higher standards or requirements shall govern. SECTION 15: 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 holding 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 -9- 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 provisions thereof, shall be held inapplicable to any person, group of persons, property, kind of property, circumstances, or set of circumstances, such holding shall not affect the applica- bility hereof to any other person, property or circumstance. SECTION 16: This Ordinance shall take effect innnediately upon passage and adoption. PASSED AND ADOPTED this 2nd day of June, 1975. CITY OF WINTER SPRINGS, FLORIDA Troy J. Piland MAYOR ATTEST: Mary T. Norton CITY CLERK -10- CITY OF WINTER SPRINGS, FLORIDA AMENDED NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said Council will hold a public hearing at 7:30 p.m., or as soon thereafter as possible, on Monday, May 19, 1975, to consider the adoption of an ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ENTITLED "STREETS AND SIDEWALKS", PROVIDING FOR THE REGULATION OF EXCAVATION, CONSTRUCTION OR ALTERATION OF ANY STREET OR SIDEWALK OR ANY PART THEREOF; REQUIRING PERMITS BEFORE BEGINNING EXCAVATION, CONSTRUCTION OR ALTERATION; REQUIRING ASSURANCE OF SATISFACTORY COMPLETION AND MAINTENANCE OF STREET OR SIDEWALK EXCAVATION, CONSTRUCTION OR ALTERATION BY MEANS OF A SURETY BOND OR, IN THE ALTERNATIVE, A DEPOSIT OF EQUIVALENT CASH IN AN ESCROW ACCOUNT WITH THE CITY; SPECIFYING INSPECTION AFTER EXCAVATION, CONSTRUCTION OR ALTERATION OF STREETS AND SIDEWALKS; PROVIDING FOR DUTY AND LIABILITY OF PERMIT HOLDER; PROVIDING FOR ERECTION AND LIGHTING OF BARRICADES DURING EXCAVATION, CONSTRUCTION OR ALTERATION OF STREETS OR SIDEWALKS; PROVIDING FOR RESTRICTION OF OBSTRUCTION OF STREETS AND SIDEWALKS, INCLUDING OBTAINING OF PERMIT; PROVIDING FOR REQUIREMENT THAT PERMIT BE ISSUED BEFORE . GRADING, LAYING OUT OR ESTABLISHING BOUNDARIES OF ANY PUBLIC ROADWAY OR STREET; AUTHORIZING THE CITY COUNCIL TO VACATE AND ABANDON STREETS AND ALLEYS; PROHIBITING THE LITTER OF STREETS, STREET RIGHTS-OF-WAY AND SIDEWALKS; PROHIBITING THE REMOVAL OF TREES AND SHRUBBERY WITHIN STREET RIGHTS-OF-WAY; PROHIBITING PLACEMENT OF SIGNS IN STREET RIGHTS-OF-WAY; PROVIDING ACCESS CONTROL ONTO PUBLIC STREETS AND ROADWAYS FROM PRIVATE PROPERTY; PROHIBITING OBSTRUCTION TO VISION AT STREET INTERSECTION; PROVIDING PENALTY FOR VIOLATION; REPEALING ALL'ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; SEPARABILITY; AND PROVIDING EFFECTIVE DATE. A copy of said Ordinance shall be available at the Office of the City Clerk of Winter Springs, Florida, for all persons desiring to examine same. ALL INTERESTED PARTIES are invited to attend and be heard. THIS NOTICE is to be published in the SENTINEL STAR, a newspaper of general circulation in said City, one (1) time at least 15 days prior to the time of the public hearing. DATED this 2nd day of May, 1975. CITY OF WINTER SPRINGS, FLORIDA By: Mary T. Norton, CITY CLERK NEWMAN D. BROCK, ESQUIRE ATTORNEY FOR CITY OF WINTER SPRINGS, FLORIDA CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHON IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said Council will hold a public hearing at 7:30 p.m., or as soon thereafter as possible, on Monday, May 18, 1975, to consider the adoption of an ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,. ENTITLED HSTREETS AND SIDEWALKS", PROVIDING FOR THE REGULATION OF EXCAVATION, CONSTRUCTION OR ALTERATION OF ANY STREET OR SIDEWALK OR ANY PAR'.[' THEREOF; REQUIRING PEaMITS BEFORE BEGINNING EXCAVATION, CONSTRUCTION OR 'ALTERATION; REQUIRING ASSURANCE OF SATISFACTORY COMPLETION AND MAINTENANCE OF STREET OR SIDEWALK ' EXCAVATION, CONSTRUCTION OR ALTERATION BY MEANS OF A SURETY BOND OR, IN THE ALTERNATIVE ,A DEPOSIT OF EQUIVALENT CASH IN AN ESCROW 4CCOUNT WITH THE CITY; SPECIFYING INSPECTION AFTER EXCAVATION, CONSTRUCTION OR ALTEPATION OF STREETS AND SIDEWALKS; PROVIDING..FOR.DUTY AND LIABILITY OF PERMIT HOLDER;PROVIDING FOR ERECTION AND LIGHTING OF BARRICADES DURING EXCAVATION, CONSTRUCTION OR ALTERATION OF STREETS OR SIDEWALKS; PROVIDING FOR RESTRICTION OF 'OBSTRUCTION OF STREETS AND SIDEWALKS, INCLUDING OBTAINING OF PERMIT; PROVIDING FOR REQUIREMENT THAT PERMIT BE ISSUED BEFORE GRADING, LAYING OUT OR ESTABLISHING BOUNDARIES OF ANY PUBLIC ROADWAY OR STREET; AUTHORIZING THE CITY COUNCIL TO VACATE AND ABANDON STREETS AND ALLEYS; PROHIBITING THE LITTER OF STREETS, STREET RIGHTS-OF-WAY AND SIDEWALKS; PROHIBITING THE REMOVAL OF TREES AND SHRUBBERY WITHIN STREET RIGHTS-OF-WAY; PROHIBITING PLACEMENT OF SIGNS IN STREET RIGHTS-OF-WAY; PROVIDING ACCESS CONTROL ONTO PUBLIC STREETS AND ROADWAYS FROM PRIVATE PROPERTY; PROHIBITING OBSTRUCTION TO VISION AT STREET INTERSECTION; PROVIDING PENALTY FOR VIOLATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; SEPARABILITY; AND PROVIDING EFFECTIVE DATE. A copy of said Ordinance shall be available at the Office of the City Clerk of Winter Springs, Florida, for all persons l desiring to examine same. ALL INTERESTED PARTIES are invited to attend and be heard. THIS NOTICE is to be published in the EVENING HERALD, a newspaper of general circulation in said City, one (1) time at least 15 days prior to the time of the public hearing. DATED this 28th day of April, 1975. CITY OF WINTER SPRINGS, FLORIDA By Mary T. Norton CITY CLERK NEWMAN D. BROCK, ESQUIRE ATTORNEY FOR CITY OF WINTER SPRINGS, FLORIDA ... ..;f TELEPHONE 322-8133 ('\ ~ -<"-;cs-,..,~ ",;:;;;c':\N TEl, >"\\,\, J'~' ~""'''.''''''~A '\ ;,/-rv, ~'\'" y~ cI" r R '(~ If J..; " (., 'l.~ " il _, <' '" ,"'~ ';, WINTEIfSPRING'S)~ORIDA 'f.,.\ 1959 /..11 ~ A1:t", Ol ~1n,l'J!'t.. ~~'\.''''' -.\-.".:v.><(,,-~p; ,.......~ ,>, 4'0, ." ..L:7 '''(' E coull'~ ~x;)C,::. WINTER SPRINGS, FLORIDA liP CODE 32707 May 8, 1975 Mrs. Mary T. Norton City Clerk, City of Winter Springs 102 North Moss Road Winter Springs, Florida 32707 Re: Amended Notice of Public Hearing - Streets and Sidewalks Ordinance Dear Mary: Enclosed is the original Amended Notice of Public Hearing, as well as statement and proof of publication from the Sentinel Star. I have previously forwarded to you a copy of the Streets and Sidewalks Ordinance. With best regards, I am, Newman D. Br~~~~=eY ~ City of Winter Springs, Florida NDB/rb Enclosures - .---. ,.-... ... '~f~ti' ~f ~hJriba} SS. COUNTY OF ORANGE Before the undersigned authority personally appearerl Marie M. Minner , who on oath says that she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper published at Orlando, in Orange County, Florida; that the attached copy of ad- vertisement, being a Amended NoticL- in the matter of Public Hearing re: ' Ordinance if the City of Winter ~fa~~fr~8;lorida entittnet~e "Streets and Court, was published in said newspaper in the issues of Ma y 4., 1 97 5 (Additional distribution May 3, 1975) Affiant further says that the said Sentinel Star is a newspaper published at Orlando, in said Orange County, Florida, and that the said newspaper has heretofore been con- tinuously published in said Orange County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Orlando, in said Orange County, Florida, for a period of one year next preceding the first publication of the attached copy of ad- vertisement, or is a direct successor of a newspaper which together have been so published; and affiant further says that he/she has neither paid nor promised any person, firm or cor- poration any discount, rebate, commission or refund for the purpose of securing this ad- vertisement for publication in the said newspaper. Jh ~ Ih. m~~~--,J Sworn to and subscribed before me thi" 5th of Na Y , A.D., 19---15-. dn /) rYkCL /l ~AA-: 4 (')/l.J 7- Notary Public. ~ ~ ~ day 291 A TELEPHONE 322-8133 r" ~ ,-. ~::-::>::.'~ ~::~\tHEI1 "\"" J,~~",,,,.,,,,,",,,~ dt...o \: j~.'lG1J'f R ~~~\ ;{....l :;:v ~ \~\), WINTEr~PRING'S) 1l0RIDA ~" .. '\ I 9 5 9 /.,:; 6,., 0 ~'ml"pt.. ;~/+ ",,{,-,., \......'d ,.;:c O~f(OUll~~,~ ~:'<.~>C>-'>- WINTER SPRINGS, FLORIDA ZIP CODE 32707 May 1, 1975 Mrs. Mary Norton City Clerk, City of Winter Springs 102 North Moss Road Winter Springs, Florida 32707 Re: Streets and Sidewalks Ordinance Dear Mary: Enclosed is copy of the Streets and Sidewalks Ordinance which I have prepared in accordance with the Notice of Public Hearing previously furnished to you. With kindest regards, I am, {) Newman D. Brock, City Attorney City of Winter Springs, Florida NDB/rb Enclosure r I ..-.. , ..;.~ April 28, 1975 The Evening Herald Post Office Box 1657 Sanford, Florida 32771 Re: City of Winter Springs, Florida Notice of Public Hearing for "Streets and Sidewalkstf Ordina.nce Gentlemen: Enclosed herewith is a Notice of Public Hearing to be published one time as a legal advertisement on Thur.sday, Hay 1, 1975. Please furnish us with your proof of publication and statement of costa..,. Thank you for your usual cooperation in this matter. Sincerely, Newman D. Brock, City Attorney City of'Vlinter Springs, Florida NDB/rb Enclosure cc : Mrs. Nary T. Norton City Clerk City of Winter Springs, Florida ~ .......-... r I"",, ~/1 ,< ... .... .?' CITY OF WINTER SPRINGS STREET &...RIGHT OF WAY ORDINANCE r ~e1udel It shall be unlawful for any person to do any construction or repair work involving the tearing up or re-laying of any street or part of street, or to obstruct, dig-up or into, or in any way disturb any street or part of street without first procuring a permit authorizing same from the designated official of the City of Winter Springs. The permit herein provided for shall be issued under such conditions as described by the City and shall :'.,;f; accurately describe the street or portion of the street or other area affected, and shall make provisions for the replacement to the same condition (or better) as when disturbed, and shall state a definite time within which the permit shall be operative. An adequate boad to insure completion of such work acceptable to the City shall be posted with the City Clerk. (" Obstruct~ Streets & Sidewalks. Permit ReQuired. It shall be unlawful to place or deposit, or cause or allow to be placed or deposited, on any street, sidewalk, park, or other public space within the City, any building materials whatsoever, or any other articles or things which may obstruct or hinder the public use thereof, without a permit from the City. Such permit shall state clearly what space may be used and what materials may be placed thereon, the length of time the permit shall remain in force, and the terms and conditions upon which the authorization for placing materials on public property is granted. When, in the discretion of the designated City official, it becomes necessary for the protection of pedestrians, the person issued the permit shall provide adequate protective devices (shedS, walls, guard rails, ete.) to protect persons in the area; such protective devices shall be constructed in accordance with plans ap~oved by the designated City official, and shall be maintained thereafter during the construction or repair, but under no condition shall streets or sidewalks be obstructed to such an extent to not allow passage of normal pedestrian and vehicular traffic. New Streets, Permit ReQuired. It shall be unlawful for any person to lay out on the ground and establish the boundaries or grade of any public street or roadway without first obtaining a permit from the City which shall describe fully the exact boundaries and grade of said street or roadway. Vacatinp: & Abandoninp: Streets & Alleys. The City Council is authorized to vacate, abandon, discontinue, or close any existing street, roalitway, or alley and to renounce and disclaim any right of the City and the public in and to any land, delineated on a recorded map or plat as a street, roadway, or alley. The procedures to be followed shall comPly with the provisions of Chapter 336.10, Florida Statutes, as nearly as is practicable. Prohibi tinp; the Li tteriDP: of Streets. Street Rip:hts of Way. Sidewalks. It is unlawful for any person to throw, place, dump, or deposit any bottles, broken glass, cans, ashes, paper, brush, dirt, rubbish, waste, garbage or other materials on the streets, street rights of way, or sidewalks, or in any other way litter the streets, street rights of way, or sidewalks of the City. Any person found guilty of violation may be fined up to $500.00 or be imprisoned up to thirty days, or both. f\ L, ..."",.,. r ,~ . page 2 .' o. t . r Prohibitinp; Removal of Trees or Shrubbery. It is unlawful for any person to remove, cut, mar, deface, or destroy any tree, plant, or shrubbery which , are either planted or are natural growth within the street rights of way in the City. Any person found guilty of violation may be fined up to $500.00 or~e imprisoned up to thirty days, or both. Plantinp; 11ft Street Rights of Way. Any person desiring to plant trees, shrubbery, or other plants in the street rights of way shall obtain per- mission from the City prior to planting. (It is not the intent of this section to discourage such planting and beautification, but rather to insure such planting does not subsequently obstruct line of sight vision for traffic and have to be removed for public safety reasons.) P1acment of Sip:ns in Street RiP:hts of Way Prohibited. It is unlawful for any person to place signs of any type, other than traffic signs either placed or approved by the City, in the street rights of way within the City. o Access to Private Property Control. To promote safety of motorists and pedestrians and to minimize traffic congestion and conflict, the following shall regulate access to public streets and roadways from private propertYI 1. A point of access, that is, a driveway or other opening for vehicles onto a public street, shall not exceed twenty-four (24) feet in width, except as otherwise provided herein. 2. 'The maximum number of access points permitted onto anyone street shall be as followSI Lot Width Abuttinp: Street Less than 65 feet 65 feet - 200 feet Over 200 feet Number of Access Points 1 2 2, plus 1 for each additional 200 feet or fraction thereof. 3. In lieu of any two authorized openings on anyone street there may be permitted a single access point up to 60 feet in width. however, service stations shall be permitted two openings not to exceed 60 feet each in width, along any abutting street, provided that the property abuts such street for a distance of not less than 150 feet. 4. Except in R-1 and R-1A zoning districts, there shall be a minimum distance of 12 feet between any two openings onto the same street. In R-1 and R-1A zoning districts access point openings shall not be closer than two feet to any property line. 5. No access point shall be allowed within 10 feet of the intersection of right of way lines of any public streets. 6. No curbs shall be cut or altered, and no access point or openings for vehicles onto a public street shall be established without a permit from the City. 7. Projects for which a site plan is required shall be considered on an individual basis and may deviate from these requirements in the in- terests of public safety after recommendation by the Planning & Zoning Board and approval by the City Council. 8. Permit fee shall be $12.00 except for single family dwellings where the fee is $5.00. ("'\ l . $I ~, 1-.. r\ · r (\ '- - " \ ~ page 3 . Obstruction of Vision at Street, Intersections Prohibited. It is unlawful to obstruct the vision at intersections of streets in the City as hereinafter . described. There shall be clear vision to and through street intersections from a distance of 40 feet from the point of intersection extending dowm each intersectihg street for a minimum distance of 40 feet from the point of intersection. 1. Any plant within the area of clear vision shall not exceed 3 feet in height. Abutting property owner is responsible to maintain such plants within this height or the plant(s) shall be subject to removal at the abutting property owner's expense. 2. Trees shall be permitted within the clear vision space, provided that foliage is kept cut back to a height not less than 8 feet. from the ground. 3. Lamp posts and street name sign posts shall be permitted. wi thin the clear vision space. Official to Administer this Ordhance. The City f>ianager may designate an official of the City to administer this ordinance. Until such time as a City Manager is appointed the City Council shall appoint, by rvoice, vote, an official to administer this ordinance. ... -..-. '.' Evening IIetaId An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared........................... oo.oo.. .Ruth. .f... Brlg01S.....oo.oo....oo.oooo......oo. who on oath says tha'he is fit ....... .Or.flca.. .aoagar........... .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a.. roo....... ..lIUllIloo'Rt)..Q.....oo.oo..oo,.....oooo.in the matter of .... .P.ullllilt .H...~!n!il. .:f... .S....~,~t .l!In~. .$~.~~~~.1:I,c~. Q~~.~~.~~~~........... .............................................,...........in the..., .~~.x:I?~~~.. . Court, was published in said newspaper in the issues of............, . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..,~.V . .1: ,. . ~~7~ . . , . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . Amant further says that the said. EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Counti Florida, and has been entered as second class mall matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised a.ny person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this . . . . . . . . . . . . . .1."'. . . . . . . . . . . . . . . . . . day of . . oo .. oo oo oo., ."'.y. . .. . .;. j' '), D:2jJ~. . ,~""j, blic.'Sta't~'~~~ My mission Expires Mar. 11, 1978. .......~.~...~il~. " s, ,hold '., or , ,..sible; consider dlnance Springs, F . follows: '.....J ' AN o,RE OF TIllE CIT.,.! OF WINT '1NGS, FLORIDA ENT I TLSG.if,J4t..1R<& ET6AN S 10 EW~.::,.", ,r~OY.IDI N ",.oR T.::RE()UliATlON 0 EXCAVATlONl ,CONSTRUCTIO OR AWoTER.' ION~ OF AN STREE EWAWKOR AIf PART ;' REClUIRI" Pl!!R~ ,RE 8EGINNIN E)(~'. CON$TRUCTlQ OR '. N;REQ\IIRI"I IAS$Uff '. '.', SAll4F!ACTO~ COM~LETION. Al'40, A~ TENAi;"'~I;< SID EWAlt CONS'" ALl'S${ SU~,E AL~.e~ EQ\i!IY ESeR CITY; S AFTER STRUCTI SnU,EU PROV IOtt;t LIA.~IL1TY 'HoLDER; " ERECTION :IA R~I(!ItJ) ~V . ALT SH~E REST st'RU SItU: TAiN,1 "0 PR O,G i F 'REQUIREMENT THAT PERM, BE ISSUED BEFORE; GRADI LAYING OUT OR ESTABLISH I pPl,JNDARIES OF ANYf'.UBL RO,ADWAY OR $.TREE AUTHORIZING .'..,' THE CI COUNPL TO "ACA,T! A ABANPbN STREETS A AWLEV'S;PROtlIBITING T, L,ITTER OF STREETS, STRE Rl.y H T.f- 0 F. WAY .,A $1:DEWAI;!t(SI'I1'ROt\IBITING T REMOVAL OF TREES A SHRUBI$ErRY WITHUL~.E RIGHTS:OF-WAy; PRQ~BITI PWACEMENT . OFSI,C;N~ STREET RIGtlTS-Of:.WA r>ROV(PIt.lG,,t,C;ceSs CQNTR ONTO. pUBLlCSTREE!S! Ai ROADWAVSF;ROMP~!VA PROPERTY;; PRaHl SIT I OBSTRUCTION TO VISION STREE,T ,INTERseCT 10 PROV IQ I,. G...', peNALTY, F VIOLATlON;REP'EAi-ING OR 01 NANCESOR PARTS ORDrNANCES IN CONFL H.EREWI,fit; .SEPARABH..I AND PROVI.OING EFFECTI DATE. A copy,of said Ordjnanceshal available at the Office of th~ Clerk of Winter Springs, Florida all per$Olls desiring to exa same,' ALL IN;r,eRESTED !>ART are invited to attend and be. he THIS,NOTICE is fobepllblish the EVENINGHc~RAl"D, ,newspaper of general cirtulati said City, one {H time at Ie days prlortofhe time of the hearing, . ,". DATl1':Dthls,2ath day of 1'n~ OF