Chapter 13 STREETS AND SIDEWALKS

ARTICLE I. IN GENERAL

Sec. 13‑1. Paving to comply with state specifications.

All paving on or within any town right‑of‑way, or any right‑of‑way proposed to be dedicated or conveyed to thetown, shall, unless otherwise specifically permitted by the council, comply in all respects with the standards andspecifications of the Florida Department of Transportation.

Sec. 13‑2. Damaging, removing materials from.

Except as otherwise provided herein, it shall be unlawful to destroy, deface or injure any street, portion of any public right-of-way (whether paved or unpaved), or sidewalk in the town, or to remove any material there from. Destruction, defacing, damaging, removing material, or causing injury, all as a direct result of routine lawn and floral maintenance, repair or maintenance of streets, sidewalks, or utilities, or planting of trees as approved by the town manager or said manager’s designee, all on any street, sidewalk, or public right-of-way shall be activities exempt from this section. As used in this section, the term “right-of-way” shall mean lands, dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other use by the public, certain designated individuals, or governing bodies. (Code 1962, 24‑1; Ord. No. 92-2, 1, 1-21-92; Ord. 92-6, 1, 4-21-92)

Sec. 13‑3. Display of goods.

(a) Except as otherwise permitted by this section, every use customarily conducted within a building shall beconducted in a building enclosed on all sides with permanent walls. Unless a permit is obtained pursuant to this section, the sale or display for sale of goods, wares, merchandise, products, services, or material related to services, beyond theconfines of such walls shall be prohibited. The display for sale of goods, wares, merchandise, products, services, or material related to services, as part of a sign permitted by the town code shall be excepted from the prohibitions of this sub-section.

(b) Sidewalk sales generally authorized. In the “R-P,” “C”, “C-1,” “C-2,” and “SC” zoning districts, a general permit for sidewalk sales is hereby authorized and issued for sidewalk sales meeting the following standards:

(1) No sidewalk immediately adjacent to a public right-of-way shall be completely blocked nor shall the flow of pedestrian traffic on any sidewalk be blocked, by merchandise, dress carts, tables, displays, or any other form of support, used in a sidewalk sale.

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Cross references–Obstructing drainage, 10‑7; drainage onto streets or property of another, 10‑8; operation of vehicles with tar pots attached, 15‑6; trees and shrubs, Ch. 16; council permission required for streets, driveways, 17‑96; obstructions to vision at street intersections, 17‑97.

(2) If the Town permits a sidewalk sale to occur such that any part of it is within the public right-of-way or on public property, all vendors are liable for and shall in writing indemnify and hold harmless the Town for any injury (including death) to person or property occurring at, or as a direct or indirect result of, any sidewalk sale. Prior to engaging in a sidewalk sale, the vendor shall present to the Town a copy of a liability insurance policy in the amount of at least $200,000 per person/$300,000 per occurrence insuring the vendor and the Town, as an additional insured. The policy, paid for by the vendor, shall be written by a company authorized to write insurance within the State of Florida and shall be rated as a standard company rated at A+ or better by A.M. Best’s Rating Guide or equivalent specifications as approved by the town manager. The policy shall be non-cancelable without at least ten (10) days written notice to the town prior to cancellation.

(3) Banners, pennants, and national flags as permitted by Chapter 17 may be permitted as part of the display. No flashing, moving, or intentionally moving signage shall be permitted. No lights of any type are permitted to be used as any part of an advertisement or display at a sidewalk sale. All provisions relating to signage in Chapter 17 shall be adhered to as part of any special event or sidewalk sale; and

(4) Except as provided in sub-section (c) below, sidewalk sales shall only be held on dates pre-approved by resolution of the town council. The town council is hereby authorized, but shall not be obligated, to from time to time approve or revise by resolution a listing of dates for sidewalk sales.

(c) Special events, grand openings and store anniversaries. In the “R-P,” “C”, “C-1,” “C-2,” and “SC” zoning districts, the town manager is hereby authorized to issue special permits for sidewalk sales, if the application meets all of the following standards:

(1) No sidewalk sale immediately adjacent to the public right-of-way shall be completely blocked nor shall the flow of pedestrian traffic on any sidewalk be blocked by merchandise, dress carts, tables, displays, signs or any other form of support used in a sale or special event;

(2) If the Town permits a sidewalk sale or special event to occur such that any part of it is within the public right-of-way or on public property, all vendors are liable for and shall in writing indemnify and hold harmless the Town for any injury (including death) to person or property occurring at, or as a direct or indirect result of, any sale or special event. Prior to engaging in a sale or special event, the vendor shall present to the Town a copy of a liability insurance policy in the amount of at least $200,000 per person/$300,000 per occurrence insuring the vendor and the Town, as an additional insured. The policy, paid for by the vendor, shall be written by a company authorized to write insurance within the State of Florida and shall be rated as a standard company rated as A+ or better by A.M. Best’s Rating Guide or equivalent specifications as approved by the town manager. The policy shall be non-cancelable without at least ten (10) days written notice to the town prior to cancellation;

(3) Banners, pennants, and national flags as permitted by Chapter 17 may be permitted as part of the display. No flashing, moving, or intentionally moving signage shall be permitted. No lights of any type are permitted to be used as any part of an advertisement or display at a sale or special event. All provisions relating to signage in Chapter 17 shall be adhered to as part of any special event or sidewalk sale;

(4) The sidewalk sale or special event will not be adverse to the public interest;

(5) The permit is for the purpose of a special event; and

(6) Duration. No sidewalk sale for a business entity exceeds a period of seven (7) consecutive days, and in no event shall any business entity be issued a special permit for more than a total of thirty-six (36) days of sidewalk sales during a calendar year period;

(7) “Special events,” as that term is used in this section, shall include but not be limited to extensive re-modeling of a business entity, annual town art shows, special sales conducted by a business entity, a business entity grand opening, a business entity anniversary, an open house for a business entity, events related to town recognized holidays, or other similar events.

(d) As used in this section, the term “sidewalk sale” shall be defined as set forth in Section 17-4.

(e) For storefronts in the C-2 zoning district having 70 feet or less of total street frontage; merchandise may be permitted to be attached to a building or a freestanding pole mounted to a wall or to the ground, subject to the following controls:

(1) Merchandise shall not contain any advertising signage relating to the name of the business displaying the items.

(2) The size of each displayed article shall not exceed 12 square feet with a maximum dimension on any single side of 6 feet.

(3) Merchandise displays shall be limited to a total of one item per 4 feet of store frontage.

(4) No display shall extend above the roof of storefront.

(5) Any outdoor display of merchandise authorized pursuant to this chapter must be of the type and nature sold inside the business.

(Code 1962, 24‑3; Ord. No. 83‑335, 1, 8‑16‑83; Ord. 94-7, 1, 1-18-94; Ord. 94-13, 1, 6-21-94; Ord. No. 02-16, 1, 7-16-02; Ord. No. 02-20, 1, 9-17-02; Ord. No. 03-10, 1, 8-19-03; Ord. No. 05-06, 1, 12-16-04; Ord. 06-02, 1, 11-16-05; Ord. 06-09, 1, 6-20-06; Ord. 07-02, 1, 11-21-06; Ord. 09-13, 1, 7-21-09; Ord. 12-08, 1-2, 5-9-12)

Sec. 13‑4. Use for storage of junk or vehicles.

It shall be unlawful to use any of the streets or sidewalks within the town for the purpose of storing junk or motor vehicles, or for temporary storage of vehicles for the purpose of sale or repair except in emergencies. (Code 1962, 24‑4)

Sec. 13‑5. Safety precautions required when sidewalk broken or damaged.

In the event any person shall dangerously damage or break, or cause to be damaged or broken up, any sidewalk, it shall be the duty of such person to provide whatever lights, barriers, or temporary and safe walkways may be required for safe pedestrian traffic at all times. Such provisions shall be maintained in good condition until the sidewalk is repaired or replaced. (Code 1962, 24‑12)

Sec. 13‑6. Gates opening over street or sidewalk.

The owner or occupant of any lot or parcel of land within the town which shall have any gate opening to any street orsidewalk shall have the gate hung so that it swings inward when open and so that it cannot be swung outward over ortoward the street or sidewalk. (Code 1962, 24‑13)

Sec. 13‑7. Encroachments preventing traffic.

It shall be unlawful to place concrete or other solidmaterials upon the rights‑of‑way of streets or alleys for the purpose of preventing vehicular traffic or pedestrians from driving or walking upon said streets or alleys or rights‑of-way, without having first obtained permission from the town council. (Code 1962, 24‑21)

Sec. 13‑8. Driving past barricades.

It shall be unlawful to drive any vehicle or animal past, around or over any barricade lawfully placed upon any street which has been closed by the barricade, except by consent of persons authorized to give such consent. (Code1962, 24‑26)

Sec. 13‑9. Building numbering.

The house number of every residence and commercial establishment shall be prominently displayed on the face of the building, or on the mailbox or other structure near the street. The numbers shall not be more than seventy‑five (75) feet from the property line, and shall be clearly visible from the street.

Numbers may be numerals or script, and shall be in contrast with the color of the immediate background on which they are mounted. The numbers shall be at least two and one‑half (2 ½ )inches in height, for residences, and three and one‑half (3 ½ )inches in height for commercial premises. (Ord. No. 83‑325, 1, 2‑15‑83)

Secs. 13‑10–13‑18. Reserved.

ARTICLE II. WORK INCIDENT TO UTILlTIES

Sec. 13‑19. Scope.

The work covered by this article consists of all operations in connection with excavation and trenching for utilities, including dewatering, shoring, bracing, backfilling, compact­ing, protective slabs, restoration of surfaces (paved or otherwise), and disposal of surplus materials when install­ing, maintaining or connecting with utility lines (gas, electric, telephone, water, sewer, and TV cable, etc.) within rights‑of‑way in the town. (Ord. No. 245, 1.1, 1‑16‑79)

Sec. 13‑20. Enforcement; certificate of compliance.

It shall be the duty of the director of public works to see that all persons doing work within the scope of this article comply with this article when working within the town, and the director of public works shall be responsible for obtaining, and the appropriate person doing such work shall submit, a written certification to the town certifying that the repair or replacement work has been done in accordance with this article. (Ord. No. 245, 2, 1‑16‑79)

Sec. 13‑21. Permit required.

It shall be unlawful to do any construction or repair work within the scope of this article, without first procuring from the director of public works a written permit there for. Such permit shall be issued under such conditions as may be prescribed by the director of public works and shall accurately describe the portion of the street to be affected and shall make provision for there placement of that part of the street which is to be replaced in accordance with this criteria and shall state a definite time within which the permit shall be operative. (Code 1962, 24‑22; Ord. No. 85‑15, 1, 6‑18‑85; Ord. No. 14-14, 1, 9-16-14)

Sec. 13‑22. Barricades, lights required, Maintenance of Traffic Plan, Flagmen.

Any contractor, company or individual carrying on or doing any construction, excavation or repair work within the scope of this article shall erect and maintain proper, safe and sufficient barricades, utilize flagmen, and during that period of time between one-half (l/2) hour after sunset and one-half (1/2) hour before sunrise, shall maintain sufficient lights or flares around such barricades, work or excavations to warn persons of the presence of such excavations and work and to prevent injury to persons and property. Whenever any activity on a right-of-way is permitted, the permittee shall meet the requirements of the Florida Department of Transportation Manual on Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, the Manual on Uniform Traffic Control Devices (MUTCD), Section V, Construction and Maintenance, as published by the Federal Highway Administration. Other criteria shall be the T.T.C. 240 D, T.T.C. 250, published under the title of Guide for General Traffic Safety, International Municipal Signal Association and Institute of Transportation Engineers. The most current published date for all references shall apply. A Maintenance of Traffic Plan, utilizing FDOT current criteria, shall be submitted to the Town for approval. The Town may incorporate additional requirements if deemed appropriate (Code 1962, 24 23; Ord. No. 14-14, 2, 9-16-14)

Sec. 13‑23. Design Requirements, Material Standards, Construction Methods, Testing.

The purpose of this section is to specify the limits on open pavement cuts, to describe utility placement within the right-of-way, to detail the improvement’s minimum clearance and coverage requirements, to specify accepted materials and construction and testing methods to be used within the rights-of-way and easements.

A. Design requirements.
(1) Location. Improvements shall be located as determined by paragraphs (a), (b), (c) and (d) below. In all cases, dimensions are to be referenced from the right-of-way line. The permittee may use additional references at his own discretion.
(a) Electric, telecommunications, and CATV cable plant improvements. Permittees shall locate electric, telecommunications and CATV cable plant improvements underground. The Town encourages the use of rear and side property line utility easements and arterial and collector road rights-of-way for all improvements. Additional locational criteria for electric, telecommunications, and CATV improvements are provided in paragraph (d).
(b) All aerial improvements are discouraged. All underground improvements shall be located between zero and six (6) feet inside the road right-of-way line.
(c) Water, sewer and natural gas. All water, sewer and natural gas improvements located within a road right-of-way shall be installed underground. The location shall be between six (6) feet and ten (10) feet inside the right-of-way line and where possible, the utilities are not to be located under Town paved streets.
(d) In cases where conflicts exist that would prevent the location of proposed underground improvements in the location set forth in paragraphs (a), (b), and (c) above, the following shall apply: If sufficient right-of-way width exists to provide for the proposed underground improvements to be located outside of the preferred locations and excavation will not be required within five (5) feet of the edge-of-pavement, the proposed location shall be considered for approval. The final decision shall, in all cases be that of the Public Works Director and shall be binding on the permittee.
(2) Clearance. The minimum clearance requirements for installation of improvements shall be as follows:
(a) Underground improvements shall be a minimum of thirty (30) inches below the existing grade. Any crossing or parallel installations of improvements to include storm drain culverts shall have a minimum separation of twelve (12) inches. Manhole tops, valve boxes and meter boxes shall be located no higher than existing grade. Where the construction specifications of any other governmental agency having jurisdiction over the permittee are more stringent than those of the Town’s, the more stringent requirements shall govern.
B. Material Standards.
(1) Backfill. Backfill materials shall meet or exceed specifications set forth in Section 125-8 of the most current version of the Florida Department of Transportation (FDOT) Standards Specifications for Road and Bridge Construction and shall meet AASHTO Specifications M 145, soil classification of A-3 or better. The materials shall be free of unsuitable materials such as muck, humus, peat, spongy material, roots, stumps, paving materials or concrete. Flowable fill may be used as backfill.
(2) Flowable fill. Flowable fill shall meet or exceed the minimum standards as set forth in the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Section 121-Flowable Fill, Subsections 121-1 through 121-6, or the most current edition.
(3) Sod. All disturbed areas within the right of way shall be sodded. Seed and mulch is not permitted. The disturbed area shall be sodded with the same type of sod as existed prior to excavation. All lawns or other NON-PAVED areas within or adjacent to the right of way that are disturbed or damaged by the construction operation shall be restored by resodding. Sod shall be Bahia, Bermuda or Floritam to match existing or adjacent grass. If an irrigation system is
present, the sod shall be Floritam regardless of adjoining turf type. The sod type may also be designated by the Public Works Director at his sole discretion. All sodded areas shall be maintained and regularly watered for thirty (30) days to ensure standing growth.
(4) Concrete. All concrete and concrete work shall conform to the following unless otherwise noted on the approved drawings. All concrete specified in this Section shall attain a minimum compressive strength of 3,000 psi in twenty-eight (28) days.
(a) Concrete Mix Materials: Coarse aggregate shall be hard, clean, washed gravel or crushed stone. Maximum aggregate size shall not be larger than one (1) inch and not smaller than one-half ½ inch equivalent diameter, free from injurious amount of minerals, organic substances, acids or alkalies. Cement shall be Type 1, domestic Portland cement, conforming to ASTM C-150.
(b) Concrete Admixtures: Air-entrainment admixtures in concrete are permitted in accordance with manufacturers specifications provided the specified strength and quality are maintained and unless the admixture appears to be causing abnormal field results, and provided that the total entrained air content does not exceed five percent (5%). No other admixture of any type will be permitted without written approval of the Town.
(c) Reinforcing Steel: Reinforcing bars shall be intermediate grade, new billet-steel deformed bars free of loose rust, scale, dirt or oil, and shall conform to ASTM A-615. All reinforcement steel shall be placed, spliced, lapped, etc., in accordance with the ACI Standard 318. Welded wire fabric for concrete reinforcement is not permitted.
(d) Fiber Reinforcement: Commercial grade concrete with nylon fiber additive in lieu of reinforcement steel, one and one-half (1½) pounds of one to one and one-half (1-1½) inch long fibers added to each cubic yard of concrete.
(e) Transit or Ready-Mixed Concrete: May be used provided it conforms to ASTM C-94 and specifications herein stated and the central plant producing the concrete, batching, mixing and transportation equipment is, in the opinion of the Town, suitable for production and transportation of specified concrete.
(5) Base Material
(a) Limerock: Limerock shall be of Miami or Ocala formation. The composition of limerock materials shall consist of a minimum percentage of carbonates of calcium and magnesium to be seventy percent (70%). The maximum percentage of water-sensitive clay mineral shall be three percent (3%). The liquid limit shall not exceed thirty-five percent (35%) and the material shall be nonplastic. Limerock material shall not contain cherty or other extremely hard pieces, lumps, balls or pockets of sand or clay-size material in sufficient quantity so as to be detrimental to the proper bonding, finishing or strength of the limerock base. Gradation requirements shall be that ninety-seven percent (97%) by weight of the material shall pass through a three and one-half (3½) inch sieve, and the material shall be graded uniformly down to dust. The fine material shall consist entirely of dust of fracture. All crushing or breaking up that might be necessary in order to meet such size requirements shall be done before the material is placed on the road. Limerock base shall have an LBR value of not less than one hundred (100).
(b) Cemented Coquina Shell material: Cemented Coquina shall be defined as material from the Ariastasia Formation composed essentially of whole or broken shells, coral and the skeletal remains of other marine invertebrates which have been cemented together by carbonates, silicates or other natural cementing agents. The material shall not contain loose shell or silica sand in sufficient quantity to prevent proper bonding. Material that shows a significant tendency to slake or undergo chemical or physical change on exposure to weather will not be acceptable. The minimum percentage of carbonates of calcium and magnesium in the material shall be fifty percent (50%). At least ninety-seven percent (97%), by weight, of the material shall pass a three and one-half (3½) inch sieve. Not more than twenty percent (20%), by dry weight, of the material shall pass through two hundred (200) sieve by washing. The portion of the material passing the No. 40 sieve shall be non plastic. The material shall have an LBR value of not less than one hundred (100).
(6) Prime / Tack Coat
(a) Prime coat. Prime coat shall be cut-back or emulsified asphalt. The permittee shall submit a current design that shall conform to the following specifications:
1. Cut-back asphalt. Cut-back asphalt shall be Grade RC-250 rapid-curing cut-back asphalt, conforming to the requirements of AASHTO M81 except that the penetration range shall be from 60–120 instead of 80–120.
2. Emulsified asphalt. Emulsified asphalt shall be Grade 55-1 conforming to the requirements of AASHTO [M] 140 (for anionic) and M208 (for catonic).
(b) Tack coat. Tack coat shall be emulsified asphalt, Grade RS-2, SS-1 or SS-1H meeting the requirements of AASHTO M140 (for anionic) and M208 (for catonic) except that the viscosity requirements shall not apply.
(7) Asphaltic Concrete
Asphaltic concrete for use as surface courses on Town streets shall be Type SP-12.5 or Type SP-9.5, conforming to the FDOT Standard Specifications for Road and Bridge Construction. The permittee shall submit, for review and approval by Town staff, an asphalt mix design that shall conform to the above specifications prior to placement.
(8) Striping and Pavement Marking Material
Striping and pavement marking materials shall conform to the most current Manual on Uniform Traffic Control Devices (MUTCD). Material to be replaced with like material and is subject to review and approval by the Public Works Director prior to installation.
C. Construction Standards.
(1) Concrete
(a) Construction Methods: Forms shall be of sufficient strength to resist pressure of the concrete without springing. Do not remove bottom forms within twenty-four (24) hours after concrete has been placed. Do not remove side or top forms within twelve (12) hours after concrete has been placed. Upon removal of forms, correct minor defects with a rich mix cement mortar. Finish curbs, gutters, walks or medians until a smooth surface is attained. Final finish shall be a light broom finish. When completed, cure concrete as specified in FDOT Standard Specifications for Road and Bridge Construction Section 925 shall be obtained.
(2) Placing of Concrete: Deposit concrete in clean, wet forms and as nearly as practicable in its final position to avoid segregation. Place concrete at a rate so concrete is at all times plastic and flows readily into the spaces between the bars. Concreting shall be a continuous operation until the panel or section is completed. Vibrate all structural concrete. No concrete shall be allowed a free fall of more than four (4) feet or allowed to strike against a vertical or inclined surface or reinforcement above the point of deposit. Placing by means of pumping may be allowed, contingent upon the adequacy of the equipment for this particular work. Operation of pumping shall insure a continuous stream of concrete and shall be so regulated so that the pressure caused by wet concrete shall not exceed that used in the design of the forms. After the concrete has taken its initial set, exercise care to avoid jarring forms or placing any strain on ends of projecting reinforcement.
(3) Machine-Forming: Will be permitted, providing all quality conditions of conventional construction are met. Saw cut contraction joints unless an alternate method of constructing them is approved in writing by the Public Works Director. Saw cut contraction joints as soon as the concrete has hardened to the degree that excessive raveling will not occur and before uncontrolled shrinkage cracking begins. Saw cut contraction joints at intervals of not more than five (5) feet, except where shorter intervals are required for closures, but no joints shall be sawed or constructed at intervals of less than four (4) feet.
(4) Curing: As soon as practicable after finishing all concrete, apply an approved membrane curing compound or other Town approved cover at Contractor’s option. Where membrane curing compound is used, allow no walking or other traffic over the slab for seventy-two (72) hours after application unless surface is protected by heavy building paper or other Town approved cover.
(5) Joints
(a) Construction Joints: Locate joints not shown or specified so as to least impair strength and appearance of the work. Place concrete at such a rate so surfaces of concrete which have not been carried to joint levels will not have attained initial set before additional concrete is placed thereon.
(b) Contraction Joints: Construct curbs, curb-and-gutters, and valley gutters with contraction joints at intervals of ten (10) feet except where shorter intervals are required for closures, but no joint shall be constructed at intervals of less than four (4) feet. Construct sidewalks and concrete medians with contraction joints at intervals equal to the width of the walk or median respectively unless otherwise noted on the Drawings. Contraction joints may be of the open type or sawed. Construction of contraction joints shall conform to Sections 520 and 522 of FDOT Standard Specifications.
(c) Expansion Joints: Construct curbs, curb-and-gutters, and valley curbs with expansion joints at all inlets, all radius points, all points where operations cease for any considerable time and at intervals of not more than one hundred (100) feet. Construct walks and concrete medians with expansion joints at points of walk or median termination against any unyielding surface and at intervals not to exceed ninety (90) feet. Construct expansion joints with PVC slips encasing the reinforcing bars. Expansion joint material shall be ½ inch bituminous impregnated expansion joint material. Wood expansion joint material is not permitted. Construction of expansion joints shall conform to Sections 520 and 522 of FDOT Standard Specifications.
(d) Other: Where the drawings call for sealed joints between walks or concrete medians and curbs, construct such joints in conformance with Sections 520 and 522 of FDOT Standard Specifications.
(6) Trenching — Unpaved Areas.
(a) Length. The maximum allowable size of any trench to be opened in one (1) day is limited to the size of a trench that can be properly backfilled in accordance with the provisions of this subchapter during any one (1) day’s work.
(b) Cover. Underground installations shall be a minimum of thirty (30) inches below the existing grade. Any crossing or parallel installations of improvements to include storm drain culverts shall have a minimum separation of twelve (12) inches. Manhole tops, valve boxes, and meter boxes shall be located no higher than existing grade. When the construction specifications of any other governmental agencies having jurisdiction over the permittee are more stringent than those of the Town’s, the more stringent requirements shall govern.
(c) Compaction. When improvements can be installed in a trench width of twelve (12) inches or less, and no deeper than forty-eight (48) inches below existing grade, a compactive effort shall be required; however no testing is required.
(d) Width. When improvements are installed in trenches with a width of greater than twelve (12) inches and/or greater than forty-eight (48) inches below existing grade, the trench width shall be a minimum of the diameter of the improvement plus twenty-four (24) inches; that shall be twelve (12) inches on each side of the improvement.
(e) Unsuitable material below improvement. Wherever excavation of the trench exposes unsuitable materials in the bottom of the trench and is an unsuitable foundation upon which to lay or support the improvement, such unsuitable materials shall be removed. The trench shall then be backfilled and compacted to a density of ninety-five percent (95%) of AASHTO T-180-86, for each eight (8) inches of suitable material to the bottom of the improvement. The placement of three-fourths (3/4) inch rock gravel to the necessary depth may be used as an alternative to the above method.
(f) Backfill. Only good quality backfill shall be used. All soft and yielding material and other portions of the subgrade which will not compact readily shall be removed and replaced with suitable material. Backfill shall be compacted in two (2) stages. The first stage of compaction shall be up to a point of one-half (½) the diameter of the improvement. The second stage of compaction shall start at a point one (1) foot above the improvement and continue in twelve (12) inch layers to the surface. Each layer’s compaction effort from one (1) foot above the improvement shall achieve a minimum of ninety-five percent (95%) of maximum density in accordance with AASHTO T-180-86. Each layer shall be compacted to the required density and tested as provided for in this subchapter, prior to placing the next layer. Density tests shall be accepted only on stabilized, nonyielding surfaces. Flowable fill may be used as backfill.
(g) Removal and use of excavated material. All excavated soils from any project deemed suitable as fill material shall be utilized on the permitted project or delivered to a Town facility designated by the Public Works Director. All excavated soils deemed unsuitable shall be disposed of by the permittee at its own expense and in a lawful manner. If it is determined that the backfill material on site will not readily compact, it may be exchanged on a one-for-one (1:1) basis with suitable material. Proper records for this exchange shall be supplied to the Town each day of the exchange.
(h) Dewatering. Construction shall be accomplished in a dry trench. To maintain a dry trench, wellpointing or other approved methods of dewatering shall be carried out. When dewatering is necessary, a plan indicating the location and proposed system, i.e., length of points, size of headers, and the like, to be used shall be submitted to the Public Works Department for approval prior to installation. The proposal shall describe the points of discharge along with proposed siltation protection. No dewatering wellpoints shall be placed within five (5) feet of the edge of pavement, except in the case of a permitted road cut. Restoration of wellpointing holes and voids shall be accomplished by hydraulic backfilling with clean sand and done in conjunction with the removal of the wellpoints.
(i) Trench box and sheeting. A trench box or sheeting and shoring shall be used to protect the work site, to include but not limited to the preservation of the roads, adjacent property and improvements; also to protect the health, safety and welfare of all persons on site. All trench boxes, sheeting and shoring shall conform to current OSHA standards.
(7) Roadway Open Cuts
Trenching in paved areas shall be the same as section (6) above, with the following exceptions and additions:
(a) Pavement cuts.
1. Pavement cuts are prohibited unless one (1) or more of the following conditions exist:
a. Subsurface obstructions such as other existing improvements are in conflict;
b. Existing conditions of the roadway will require reconstruction;
c. The road is scheduled by the Town for reconstruction within two (2) years.
2. The final decision on all road cuts shall be made by the Public Works Director. When pavement cuts are permitted, the cuts shall be perpendicular to the edge of pavement; and construction methods are to be in accordance with this subchapter.
(b) Compaction. A compactive effort and testing shall be required in all paved areas.
(c) Backfill. Only good quality backfill shall be used. All soft and yielding material and other portions of the subgrade which will not compact readily shall be removed and replaced with suitable material. Compaction shall begin on the first eight (8) inches of bedding backfill or on the exposed bottom to assure the bedding is suitable as foundation to support the improvement, and continue in twelve (12) inch layers to the bottom of the base material. Each layer of the compaction effort shall achieve a minimum of ninety-eight percent (98%) of maximum density in accordance with AASHTO T-180-86. Each layer shall be compacted to the required density and tested as provided for in this subchapter, prior to placing the next layer. Density tests shall be accepted only on stabilized, nonyielding surfaces. Flowable fill may be used as backfill. Flowable fill shall meet or exceed the minimum standards as set forth in the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Section 121-Flowable Fill, Subsections 121-1 through 121-6, or the most current edition. Base materials, as specified herein, shall be used in conjunction with flowable fill in all paved areas.
(d) Base material. The base course shall be placed to a minimum depth of twenty-four (24) inches, in six (6) inch compacted layers, below the asphalt surface course. The base backfill trench shall be forty-eight (48) inches wider than the limits of the backfill trench, twenty-four (24) inches on both sides. The compaction shall be in six (6) inch maximum layers. Compacted density
shall not be less than ninety-eight percent (98%) of maximum density of a representative sample as determined by AASHTO T-180-86. Each layer shall be compacted to the required density and tested prior to placing the next layer. Density tests shall be accepted on stabilized, nonyielding surfaces only. The Public Works Director shall reserve the right to substitute tests at random locations to verify compaction.
(e) Prime coat. In paved areas, application of prime-coat shall be on all exposed surfaces and joints prior to asphaltic concrete being placed; and the prime coat shall be applied at the rate of 0.1 – 0.15 gallons of emulsified asphalt per square yard and shall be applied thoroughly and uniformly with no excess. In no case shall asphalt be placed on any prime coat prior to that material’s specified curing time.
(f) Surface coat. The surface treatment shall not be less than one (1) inch thick or consistent with existing pavement thickness whichever is greater. Installation shall be on a continuous plane without humps or depressions. The asphaltic concrete shall exceed the base course by twenty-four (24) inches, twelve (12) inches on both sides along neat sawcut lines.
(8) Jack-‘n’-bore. Bore casings of any kind shall extend past the edge of pavement by a minimum of five (5) feet. The backfill in excavated bore pits within the rights-of-way and easements shall be compacted to a stabilized and non-yielding condition. The back-fill density shall be accomplished by a compaction effort in twelve (12) inch layers, starting with the first twelve (12) inch layer above the exposed bottom of the pit and the last compaction effort on this surface. No density testing shall be required unless requested by the Public Works Director.
D. Testing Standards.
(1) Test and Report Requirements. In unpaved areas, when trench widths are greater than twelve (12) inches and/or greater than forty-eight (48) inches below existing grade, testing reports shall be in full accordance with this subchapter. In paved areas, trenching of any kind shall be tested in accordance with this subchapter. All testing reports shall be by a qualified testing laboratory, both signed and sealed by the laboratory’s Florida certified professional civil engineer. Reports shall be submitted to the Public Works Director in a timely fashion. Test reports shall be received by the Town prior to the expiration of the permit. The expense for testing shall be borne by the permittee, and testing shall be done to the following specifications:
(2) Back fill unpaved areas.
(a) Moisture density relationships shall be in accordance with AASHTO T-180-86 for every material change.
(b) In-place density (min. 98% of maximum density) shall be in accordance with AASHTO T-204-86 or T-238-86.
(c) Testing shall begin at the improvement bed, if the bedding was disturbed. If the bedding was not disturbed and is suitable as a foundation to support the improvement, the first test shall begin at a maximum distance of twelve (12) inches above the improvement and continue in twelve (12) inch layers to the surface.
(d) Tests shall be taken at a frequency of once every uninterrupted effort and twelve (12) inch layer of compacted material or once every two hundred (200) linear feet and twelve (12) inch layer of compacted material, whichever is the shorter distance.
(e) Backfill around improvements such as manholes, inlets, and the like, shall be tested to a distance not to exceed five (5) feet away from the improvement in the manner prescribed in this section. All tests shall be representative of the entire compaction effort around the improvements.
(f) Density test results shall be accepted on stabilized, non-yielding surfaces only.
(g) Flowable fill may be used as backfill. Flowable fill shall meet or exceed the minimum standards as set forth in the Florida Department of Transportation 2010 Edition of Standard Specifications for Road and Bridge Construction, Section 121-Flowable Fill, Sections 121-1 through 121-6, or the most current edition.
(3) Backfill paved areas.
(a) Moisture density relationships shall be in accordance with AASHTO T-180-86 for every material change.
(b) In-place density (minimum ninety-eight percent (98%) of maximum density) tests shall be in accordance with AASHTO T-204-86 or T-238-86.
(c) Testing shall begin at the improvement bed to determine that the bedding was not disturbed and is a suitable foundation to support the improvements. Tests shall continue in twelve (12) inch layers to the bottom of the base material.
(d) Trenching parallel with the road. Tests shall be taken at a frequency of once every uninterrupted effort and twelve (12) inch layer of compacted material or once every two hundred (200) linear feet and twelve (12) inch layer of compacted material, whichever is the shorter distance.
(e) Trenching perpendicular to the road. Tests shall be taken at a frequency of once for each lane width of traffic and for each twelve (12) inch layer of compacted backfill.
(f) Density test results will be accepted on stabilized, non-yielding surfaces only.
(g) Flowable fill may be used as backfill. Flowable fill shall meet or exceed the minimum standards as set forth in the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Section 121-Flowable Fill, Subsections 121-1 through 121-6, or the most current edition. Base materials as specified herein shall be used in conjunction with flowable fill in all paved areas.
(4) Base material.
(a) Limerock bearing ratio (LBR) shall be tested in accordance with FDOT Florida Method (FM) 5-515 for LBR and FM 5-514 for carbonates. Sampling for the above tests shall be in accordance with FM 5-504. The minimum frequency for testing LBR and carbonates is one (1) test for each day’s production and/or every material change.
(b) Moisture density relationship shall be in accordance with FDOT FM 5-515 for every material change.
(c) In-place density (minimum ninety-eight percent (98%) of maximum density) tests shall be in accordance with AASHTO T-204-86 or T-238-86. The testing shall occur for each six (6) inch layer of compacted base material for each lane width of traffic to the bottom of the asphaltic concrete.
(5) Asphaltic concrete. Hot mix materials aggregate testing shall be for stability, extraction (bitumen content) and gradation at a minimum frequency of one test per a.m. and one test per p.m. for each day’s work. At the discretion of the Public Works Director, core samples may be taken to evaluate in place density as set forth in the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Section 334.
(6) Concrete. Twenty-eight (28) day compressive strength test shall be in accordance with ASTM C-39 at a minimum frequency of one (1) set of four (4) cylinders and slump for each day’s pour or for each fifty (50) cubic yards whichever is greater.
E. Construction Procedures.
All work authorized by the permit shall be completed in accordance with the construction specifications as described in this subchapter. Where the construction specifications of any other governmental agency having jurisdiction over the permittee are more stringent than that of the Town’s, the more stringent requirements shall govern.
(1) Protective measures and traffic flow.
(a) Whenever any activity on a right-of-way is permitted, the permittee shall meet the requirements of the Florida Department of Transportation Manual on Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, the Manual on Uniform Traffic Control Devices (MUTCD), Section V, Construction and Maintenance, as published by the Federal Highway Administration. Other criteria shall be the T.T.C. 240 D, T.T.C. 250, published under the title of Guide for General Traffic Safety, International Municipal Signal Association and Institute of Transportation Engineers. The most current published date for all references shall apply.
(b) Permittees shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the project. Permittees shall also take all necessary safety measures to assure the safety of all employees on the project and other persons who may be affected by any construction. Permittees shall take all measures necessary to protect and prevent damage to any project materials or equipment to be incorporated into the project, whether in storage on or off the site and other property or improvements at the site or adjacent thereto, including but not limited to trees, shrubs, lawns, drainage swales, walks, pavement areas, roadways, and/or any other improvements not designated for removal, relocation or replacement in the course of construction.
(c) Permittees shall comply with all applicable laws, ordinances, rules, regulations and orders of any governmental agency having jurisdiction over permittees’ activities. Permittees’ duties and responsibilities for the safety and protection of the project shall continue until such time as all the work is completed and the permit is closed out.
(2) Protection of adjoining or adjacent property and improvements. In performing the work authorized by the permit, permittees shall:
(a) Keep all drainage improvements within the area of the construction free and unobstructed at all times. Permittees shall store, retain and take proper measures to prevent silt discharge, and the like, for all surplus water resulting from the work, in conformance with all current regulations and permits.
(b) Sweep and clear all obstructions, dirt and debris of any kind from roadways, sidewalks, bike paths and other public thoroughfares daily.
(c) Ensure that all excavations do not interfere with access to fire hydrants, fire stations, valve housings, emergency vehicles or other similar equipment that is vital to the safety, health and welfare of the citizens of Indialantic.
(d) Be required to use rubber-tired vehicles and not tracked vehicles, where necessary, to prevent damage to existing paved surfaces which would not otherwise be subject to repair or replacement as a direct result of construction, authorized by the permit. It shall be acceptable to place a minimum of two (2) inches of soil or rubber tire casings between the tracks and the paved surface to prevent damage.
(e) Ensure that all excavated material retained on site be placed, removed or located so as not to endanger the safety of workers, pedestrians or traffic, and so as not to present an inconvenience to adjoining property or traffic. Permittees shall take measures to reduce noise, dust and unsightly debris.
(3) Restoration. In performing the work authorized by the permit, permittees shall, at their own expense, restore and repair all adjacent property and improvements to a condition as good as or better than the condition that existed prior to the permittee’s activities. All concrete sidewalks abutting the work shall be replaced with five (5) foot wide by six (6) inch thick concrete with fiber reinforcement as specified herein, unless waived in writing by the Town.(Ord. No. 245, 2.1, 1 16 79; Ord. No. 14-14, 3, 9-16-14)

Sec. 13 24 – 13-34. Reserved.
Repealed (Ord. No. 14-14, 4, 9-16-14)

Sec. 13‑35. Overall area grading.

Within the limits of construction and outer limits ofclearing and grubbing, all holes and other depressions shallbe filled, all mounds and ridges cut down, and the areabrought to sufficiently uniform contour that the town’ssubsequent mowing operations will not be hindered byirregular terrain. (Ord. No. 245, 6, 1‑16‑79)

Sec. 13‑36. Clean‑up generally.

During the progress of the work, the utility owner orperson doing the work shall clean up the work areas asportions of work are completed. Upon completion of thework, all trash, debris and excess material must be hauledaway and disposed of to the satisfaction of the town. Thecompleted work shall be cleaned and graded to a conditionat least equal to that existing before the start ofconstruction, including the replacement of shrubs andsodding removed or damaged while in the course ofconstruction. (Ord. No. 245, 7, 1‑16‑79)

Secs. 13‑37–13‑51. Reserved.

ARTICLE III. MELBOURNE CAUSEWAY *

Sec. 13‑52. Intent.

It is the general purpose and intent of this article to establishregulations governing certain activities on that part of the Mel­bourne Causeway area which is within the corporate limits of theTown of Indialantic, Florida; to declare certain activities as viola­tions of regulations; and to provide for criminal penalties for viola­tions of the regulations. (Ord. No. 82‑302, 1, 12‑15‑81)

Sec. 13‑53. Definitions.

For the purpose of this article, the following definitions shall apply in the interpretation, execution and enforcement of this arti­cle. When not inconsistent with the context, words in the pluralinclude the singular, words used in the present tense include thefuture, words in the singular number include the plural number.The word “shall” is always mandatory, not merely directory.

Median strip means that grassy strip and all improvements be­tween that certain divided highway, US-192(aka SR-500), within therestricted area, including, but not limited to, that portion of the median strip where the relief bridge is located (the river flows undersaid bridge at this point on the causeway, and there is access to theriver from the median strip).

Person means any person, firm, partnership, association, corpo­ration, company or organization of any kind; but specifically doesnot include any authorized agent of the Town of Indialantic, City ofMelbourne, County of Brevard, State of Florida, or United States,lawfully pursuing his or her duties for said agencies in said restrictedarea.

Restricted area means that part of the Melbourne Causewaylying within the corporate limits of the Town of Indialantic, Florida.The restricted area lies on either side of US-192 (aka SR 500), from the eastern edge of the easternmost releif bridge (aka Bridge # 700235) which lies approximately 280 feet west of Riverside Place to the east to the middle of the Melbourne Cause­way bridge, a/k/a the Ernest Kouwen-Hoven Bridge, on the west.

Ord 07-10, 1, 6-19-07; Ord. 12-04, 1, 12-20-11

___________

Editor’s note–Ord. No. 82‑302, 1–5, adopted Dec. 15, 1981, enacted provi­sions not expressly amendatory of the Code; at the editor’s discretion, said provisions have been included herein as Art. III, 13‑52–13‑56.

Sec. 13‑54. Regulations.

(a) Fire. No person shall ignite, set, build or maintain any fire forany purpose within the restricted area.

(b) Sleeping, camping and lodging. No person shall sleep, campor lodge in the restricted area from dusk to dawn; or set up tents,shacks or any other temporary shelter; or use any vehicle for thepurpose of camping or sleeping in the restricted area during saidperiod.

(c) Activities on median. No person shall at any time utilize themedian strip for any purpose, or perform any activity on the medianstrip whatsoever, including, for the purpose of illustration, but notlimited to walking, running, standing, sitting, sleeping, parking anyvehicle, camping or fishing. (Ord. No. 82‑302, 3, 12‑15‑81)

Cross reference–Sleeping, camping in public place, 10-24

Sec. 13‑55. Notice by sign to be posted.

The town is hereby directed to erect and maintain conspicuous signs, as notice to the public, designating the restricted area and prohibited activities. (Ord. No. 82‑302, 4, 12‑15‑81)

Sec. 13‑56. Violation of regulations.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor of the second degree and, upon conviction thereof, shall be punished as provided in Florida Statutes, Section 775.082(4)(b) and Section 775.083(1)(e), and as hereafter from time to time duly amended. No person, however, shall be arrested for violation of this article without first being given a verbal warning regarding the regulation said person is violating, and reasonable opportunity to comply with said warning, by an Indialantic police officer or other sworn police officer duly requested to assist. (Ord. No. 82‑302, 5, 12‑15‑81)