2016-O-19 ORDINANCE NO. 2016-0-19
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 15 (STREETS AND
SIDEWALKS) TO INCLUDE SECTION 15-7 (ROADSIDE
MEMORIAL PROGRAM) OF THE CODE OF
ORDINANCES; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 15 (Streets and Sidewalks) has been amended from time to time for
consistency with current state laws and codes.
2. Section 15-7 (Roadside Memorial Program) will now be included to establish
protocols for the establishment of roadside memorials within the City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 15 (STREETS AND SIDEWALKS) TO
INCLUDE SECTION 15-7 (ROADSIDE MEMORIAL
PROGRAM) OF THE CODE OF ORDINANCES FOR THE
CITY OF EDGEWATER,FLORIDA.
Chapter 15 (Streets and Sidewalks), Code of Ordinances, City of Edgewater,
Florida is hereby amended as set forth in Exhibit "A", which is attached hereto
and incorporated herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
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PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re-lettered to
accomplish such intention.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilman Blazi,with Second by Councilwoman
Bennington,the vote on the first reading of this ordinance held on March 7, 2016, was as
follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by Councilwoman Bennington with Second by Councilwoman
Power, the vote on the second reading/public hearing of this ordinance held on April 4, 2016,
was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
PASSED AND DULY ADOPTED this 4th day of April, 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,F
p` 1 --1 BY: r I
Mitch Honaker Mike Ignasiak
Deputy City Clerk Mayor
- For the use.and reliance only by the City of Approved by the City Council of the City of
Edwater,Florida. Approved as to form and Edgewater at a meeting held on this 4th day of
iegatity.by: - Aaron R. Wolfe, Esquire April, 2016 under Agenda Item No. 8h.
City Attorney
Doran, Sims,Wolfe&Ciocchetti
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EXHIBIT "A"
Chapter 15
STREETS AND SIDEWALKS
Sec. 15-1.Numbering of buildings.
(a) For the purpose of numbering buildings in the city, the city is divided into four (4)
sections with Ridgewood Avenue and Park Avenue the dividing lines.
(1) All numbers on streets running north and south shall start from Park Avenue, starting
with the number 101 in the first block, 201 in the second block, etc., the odd numbers
to be on the east side of the respective streets and the even numbers on the west side of
the respective streets.
(2) All numbers on streets running east and west shall start from Ridgewood Avenue,
starting with the number 101 in the first block, 201 in the second block, etc., the odd
numbers to be on the north side of the respective streets and the even numbers on the
south side of the respective streets.
(3)A separate number shall be allowed and assigned for each fifty (50) feet of property, and
the city council, shall allocate to each building now or hereafter existing the proper
number to designate same according to the numbering plan herein set forth.
(b) It shall be the duty of the property owner to obtain and attach said number to the
building or display it in some other conspicuous place on the premises so that it can be seen
clearly from the street.
Sec. 15-2. Display or storage of goods restricted.
It shall be unlawful for any person to store, display, sell or offer for sale, goods, wares or
merchandise of any kind and description nearer than twenty (20) feet from the curbline of the
abutting road or highway.
Sec. 15-3. Culverts under driveways that cross drainage ditches.
(a) All piping for culverts under driveways that cross drainage ditches shall have a
minimum diameter of twelve(12) inches.
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(b)The installation of all culvert piping under driveways that cross drainage ditches shall be
done by the contractor or the person or entity responsible for the building permit issued by the
city. The construction and installation of said culvert piping shall be done under the supervision
and sole discretion of the superintendent of public works or his designee.
(c) An application for use permit shall be obtained from the building official at the same
time a building permit is requested. The building official shall consult with the superintendent of
public works before issuing said right-of-way use permit. The building official shall not issue a
certificate of occupancy unless the installation of said culvert piping has been completed and
approved by the superintendent of public works.
(d)The above application for use permit for the installation of said culvert pipe or for work
within any city owned right-of-way must be completed by the applicant before commencing any
work. Said form is attached hereto as Exhibit "A" and is incorporated herein with full force and
effect.
(e)At the same time the aforesaid application is obtained, the applicant shall pay a standard
fee in the amount of twenty-five dollars ($25.00) for installation of a culvert or for work within
any city-owned right-of-way. The city council may hereafter by resolution increase or decrease
this standard fee as necessary.
Sec. 15-4.Filling or obstructing culverts,etc.
(a) It shall be unlawful for any person to fill or obstruct any municipal culvert, canal, ditch
or other drainage facilities.
(b) Any person proposing to erect a driveway which would cross a swale or ditch, or to
build any structure which might impede the intended flow of water through such swale or ditch
shall make application to the building official, who shall consult with the superintendent of
public works. If the proposed driveway or structure is approved by the superintendent of public
works, the building official shall issue a permit on forms prescribed by the city officials, and the
building official shall not issue a certificate of occupancy unless the proposed work conforms
with the approved permit, and has been approved by the superintendent of public works.
Sec. 15-5.Excavations in streets--Permit.
(a)A permit shall be obtained from the city engineer for each excavation in a public street,
road or alley before the work is commenced.
(b) Work under such permit shall be commenced within forty-eight (48) hours, otherwise,
the permit shall become void.
(c) All permits shall be kept at the place of excavation while the work is being done and
exhibited whenever called upon by any person having authority to examine the same.
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(d) There shall be no more than one-half of the width of any street, road or alley opened or
obstructed at any one time; tunneling shall not be allowed, and no authorized underground
construction shall be injured or interfered with. All portions of the street or road excavated shall
be put in as good condition as before the excavation was made. The trench or excavation shall be
refilled, thoroughly rammed and puddled within forty-eight (48) hours after making the
connection or repairs.
(e) When an excavation is made in any paved street, where it is necessary to remove paving,
the person to whom the permit is issued for such excavation shall leave a written notice with the
engineering department and said notice shall state that the excavation has been properly filled,
tamped and is ready for repaving.
(f) Whenever any person making any excavation in the street or alley fails to refill in the
proper manner, as required herein or fails to maintain the same for a period of one year, the city
engineer shall cause the work to be done and the cost thereof shall be charged against the bond as
heretofore provided.
(g) Where such excavations occur in a state or federal highway, permission shall be
obtained from the state or federal highway department before any work is commenced.
Sec. 15-6. Same--Public protection.
(a) It is required that for every excavation made on public property, proper safeguards shall
be provided against injury to the public; barricades shall be provided at five (5) feet distance, and
such barricades shall completely encircle all open excavations or trenches. All barricades, as
required herein, shall have at least one sign placed thereon in a conspicuous manner, indicating
the name of the person causing such excavation. When approved by the city engineer, steel plates
of sufficient strength may be used to cover excavations to prevent blockage of streets.
(b) From sun-up to sun-down there shall be placed, at a distance of not less than one
hundred (100) feet, sufficient numbers of red flags to warn the public of dangerous excavation.
From sun-set to sun-rise there shall be placed at a distance of not less than one hundred (100)
feet, sufficient red lights or flambeaus to indicate the length of the excavation in the public
thoroughfare and to warn the public of dangerous excavation. In addition to the above there shall
be placed on or by the barricades sufficient red lights or flambeaus to indicate the point of
excavation and size.
Sec. 15-7.Roadside Memorial Program.
Placement of roadside memorials shall be in accordance with the protocols set
herein.
(b) A request for a roadside memorial sign shall only be to memorialize an
unexpected tragic accident with ft—loss of life. No such sign memorial will be permitted to
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memorialize a person if such death is a result of a crime committed by such person intended to
be memorialized.
(c) An application for a roadside memorials• n shall be submitted to the Ci of
Edgewater Environmental Services Department. A request Requests shall only be accepted from
the following immediate family members of the deceased: Parents(s), Sister(s), Brother(s),
Spouse, Children)or Grandparent(s).
(d) Roadside Memorials can only be permitted on rights-of-ways under the ownership
and maintenance control of the City of Edgewater.
f e3(44e) Standardized roadside memorials will be desi.ned constructed and
installed b the Ci or a desi.nated re•resentative. Each sign memorial shall be
installed by the City at a safe location, as determined by the City; in the vicinity of the incident.
The roadside memorial '_- ma not be •laced at the exact location of the crash incident site due
to restricted space•-right of way, abuttingproperty owner issues, or other constraints. Only one
s+ -roadside memorial shall be installed per incident. A roadside memorials roposed for
installation abutting private property shall require the written
permission of the resident(s)property owner whose ero.e abuts the street where the memorial
is to be placed.
(f) Requesting family members shall have the following roadside memorial to select
from:
1)Arterial Road (a facility of two (2)or more lanes designed primarily to serve as
a major access route to expressways and/or as a connector of subregions, inter-county and
inter-city vehicular movement. The main function is to move large volumes of vehicles) -
Shall be permitted a single roadside memorial sign.
2) Collector Road (a facility of two (2) or more lanes designed primarily for
traffic movement within and between residential neighborhoods, commercial and industrial
areas and all roads) - Shall be permitted either a single roadside memorial sign or a park
bench with memorial plaque affixed.
3) Local Road (a road facility designed primarily to provide direct access to
abutting property with an average daily trips to be less than 1000 vehicles) - Shall be
permitted either a single roadside memorial sign or a park bench with memorial plaque
affixed.
A memorial sign may be allowed to remain in place for one(1)year. At the end
of the one year period the sign will he removed. The applicant may take possession of the sign if
he/she so wishes.
(e<u) Any other additional decorations, ornaments or additional memorial items on the
sign or in the vicinity of the incident shall not be allowed and shall be removed by the City.
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ffh) Non-standard memorials consisting of signage, flowers, balloons, ribbons.,
or other materials, are only permitted for a time period not greater than seven (7) fourteen (14)
days after the erection of the memorial. The City will attempt to provide notification to any
individual placing a non-standard memorial in a street right-of-way that such memorial must be
removed. The City Manager or designee shall cause the removal of a non-standard memorial
within ;even (7)fourteen (14) business days after notification of the non-permitted memorial's
existence.
The City reserves the right to remove the memorial sign and/or any additional
memorializin. materials at an time for an unforeseen or extraordina circumstances.
(1+j) Existing roadside Mmemorials signs currently in existence and in that are placed
in a safe and an appropriate location prior to the effective date of this Section are ,....,ndf+hoed
in-a+14-1-TITTI's may remain at the request of the immediate family member and shall be considered
non-conforming in accordance with Chapter 21, Article VII (Non-Conforming Uses) of the City
of Edgewater Code of Ordinances.
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