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INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator 141/5 FROM: Stan Boling, AICP Planning Director DATE: November 25, 2013 SUBJECT: Consideration of Amendment to Subdivision Ordinance Chapter 913 o Allow Additional Two Year Extension for Sidewalk Construction in Certai Active Subdivisions Platted Prior to 2009 It is requested that the following information be given formal consideration by the Board oCounty Commissioners at its special meeting of December 10, 2013. BACKGROUND Currently, the County's subdivision regulations require that sidewalks within new subdi inions be constructed up -front during development of the subdivision or be guaranteed to be constructed in the future through a contract for construction. The sidewalk construction contract is between the subdivision developer and the County, is guaranteed by security posted by the developer ("bonding - out"), and allows the developer to delay sidewalk construction for a limited number of ears. In 2009, the County changed its subdivision regulations to add another option for gu anteeing construction of sidewalks along internal subdivision streets where those sidewalks front individual lots. That code change allowed such sidewalks to be constructed at the time a residence is built on an individual lot, rather than requiring that sidewalks be built in advance of home construction. Under the code change, the construction deferral allowance applies only if the subdivision ovenants and restrictions contain a requirement that the sidewalk be constructed at the time of home construction. For subdivision projects platted after the 2009 code change, it is simple for devf appropriately structure the original subdivision covenants and restrictions to take advant code change. In subdivision projects platted prior to the change, where a significant num had already been sold, it is not feasible for developers to obtain the numerous owner consents necessary to change the subdivision covenants and restrictions. Therefi developers still have the obligation to complete sidewalk construction in front of curren lots. In lieu of completing those sidewalks now and tearing them up during subseql construction, several affected developers recently requested that they be allowed to " sidewalk construction for two years in addition to the years that they have already been ; bond -out under the existing code. Allowing two more years of "bonding -out" requires a Chapter 913 regulations. FACommunity Development\CurDev\13CC\2013 BCC\Chapter913Sidewa1ks.doc opers to ge of the er of lots d lender e, those y vacant nt home , - Bowed to change to 1 170