§ 5.3.1. Streets (rights-of-way).

(A)

Dedication required.

(1)

Streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. When development occurs absent platting, such streets may be provided for through easements (private property) or dedication of right-of-way by deed (public property).

(2)

When a street is contained entirely within a subdivision, the entire dedication shall be provided.

(3)

When development is adjacent to an existing or planned street, the development shall be responsible for providing one-half of the ultimate right-of-way or such portion of the ultimate right-of-way which is yet undedicated and which is on that development's side of the ultimate right-of-way center line. In situations where there are unusual topographic features, greater or lesser dedications may be required.

(B)

Compliance with thoroughfare plans.

(1)

Dedication of rights-of-way shall be consistent with the Florida Department of Transportation Highway Plan, the Palm Beach County Thoroughfare Plan, and the Traffic Element of the City of Delray Beach Comprehensive Plan.

(2)

Proposed streets shall be extended to provide access to adjoining property, as appropriate.

(C)

Standard improvements. The standard improvements which are to be accommodated in street right-of-way are:

•

Travel lanes, including turning lanes;

•

Parking lanes, where appropriate;

•

Drainage devices either curb and gutter or swale systems;

•

Pedestrian ways (sidewalks);

•

Bicycle lanes or paths, where appropriate.

Such improvements shall be provided in accordance with design standards set forth in Section 6.1.2 and 6.1.3.

(D)

Right-of-way dimensions.

(1)

Right-of-way shall be provided for Principal Arterials and Minor Arterials as shown for ultimate right-of-way width in Table T-1 of the Transportation Element of the Comprehensive Plan. [Amd. Ord. 29-98 8/18/98]

(2)

The following right-of-way width is required for the category of other streets as identified, except as otherwise provided in the Table T-1 of the Transportation Element: [Amd. Ord. 08-10 4/20/10]; [Amd. Ord. 29-98 8/18/98]

STREET TYPE	WIDTH IN FEET
County Collector	80
City Collector	80
Local Commercial/Industrial Street	60
Local Residential Street
• Without Curb and Gutter	60
• With Curb and Gutter	50
Alleys	20 Minimum

 

(3)

Corner clip. A right-of-way dedication will be required at all intersections in the Central Business District (CBD). This right-of-way dedication will consist of an area of property located at the corner formed by the intersection of two or more public rights-of-way with two sides of the triangular area being 20 feet in length along the abutting public right-of-way lines. Further, a dedication of ten feet shall be required along both sides at the intersection of an alley and right-of-way. These areas are to be measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. This right-of-way dedication will be referred to as a "corner clip" and is provided to ensure adequate right-of-way for the safe movement of pedestrians in the CBD. The request for relief from the corner clip requirement may granted by the City Engineer. [Amd. Ord. 08-10 4/20/10]

(4)

Additional width. Additional right-of-way width may be required to promote public safety and welfare; to provide for stormwater management; to provide adequate area for street trees; and to assure adequate access, circulation, and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer and may be based upon the results of a traffic study or general knowledge of the City. The authority for requiring such additional right-of-way shall rest with the body having the approval authority of the associated development application. [Amd. Ord. 08-10 4/20/10]; [Amd. Ord. 29-98 8/18/98]

(5)

Reduction in width. A reduction in the required right-of-way width established in Subsection (D)(2), above, may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). Reductions in the required right-of-way width may be granted pursuant to the following: [Amd. Ord. 08-10 4/20/10]; [Amd. Ord. 29-98 8/18/98]

(a)

The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the City Commission. [Amd. Ord. 9-02 3/5/02]

(b)

That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided in a manner which will not endanger public safety and welfare

(c)

That acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the right-of-way e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, etc.

(E)

Improvement obligations. Concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements as identified in Section 5.3.1(C), off-site improvements as imposed as conditions of approval as well as improvements identified under Section 6.1.2 (A). Whenever subdivision, development or redevelopment occurs on property where abutting streets are included in the Comprehensive Plan, Neighborhood Plan, Redevelopment Plan or Capital Improvement Program, provisions shall be made for the accommodation of such improvements. [Amd. Ord. 08-10 4/20/10]; [Amd. Ord. 12-99 3/16/99]

(F)

Street names.

(1)

A proposed new street which is in alignment with or a continuation of an existing street shall have the same name as the existing street unless there is a clear delineation, or break, in the function of the street and such change in name is acceptable to the Fire Marshall.

(2)

In no case shall new streets have names or numbers which duplicate or which are phonetically similar to existing street names, regardless of the prefix or suffix used e.g. "avenue", "boulevard", "crescent", "court", "drive", "way", "place", "street", "terrace", etc.