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ORDINANCE NO. 2013- ng -I AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs) WITH REGARD TO THE DELAY IN THE CONSTRUCTION OF SIDEWALKS, AMENDING SECTION 913.09 "DESIGN STANDARDS AND REQUIREMENTS" OF CHAPTER 913 "SUBDIVISION AND PLATS" OF THE INDIAN RIVER COUNTY CODE IN ORDER TO ALLOW AN ADDITIONAL EXTENSION FOR SIDEWALK CONSTRUCTION; AND PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, several subdivisions are operating under the sidewalk bonding -out regulations that were in effect prior to 2009 where the developer is responsible for the construction of the sidewalk segments fronting or contiguous to individual lots; and WHEREAS, the Indian River County Code has provisions for alternative solutions where the developer does not have to "bond -out" by either constructing the sidewalk segments before a residence is constructed or the lots are sold, or by amending the restrictive covenants to transfer the responsibility to the lot owner to construct his individual sidewalk segment fronting or contiguous to his lot prior to receiving a certificate of occupancy. In the first instance, if the sidewalks are constructed, the likelihood of them having to be redone is strong due to heavy equipment and construction traffic breaking the segments during home construction; thus paying twice for the same sidewalk construction. In the latter instance where transfer is an option and the lots have been sold, it has become quite burdensome, challenging or impossible to obtain homeowner and lender consents after the fact. In other instances where some lots have been sold, the developers do not want to amend the restrictive covenants as they want uniformity within the subdivision, that is they do not wish to single out certain lots with a restriction that is not for the entire subdivision; and Coding: Words/letters underscored are additions to text; words/letters in stk-thra format are deletions to text.