HomeMy WebLinkAbout2009-002ORDINANCE NO, 2009-002
AN EMERGENCY ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING INDIAN RIVER COUNTY CODE
SECTION 913.09(5)(b)2c TO ALLOW ANNUAL
SIDEWALK SECURITY REDUCTIONS, AND, DEFERRAL
OF SIDEWALK CONSTRUCTION AND THE POSTING OF
SIDEWALK CONSTRUCTION SECURITY IF CERTAIN
CRITERIA ARE MET; AMENDING INDIAN RIVER
COUNTY CODE SECTION 913.10 TO CHANGE THE
WARRANTY PERIOD FOR ROAD AND DRAINAGE
IMPROVEMENTS FROM THREE YEARS TO ONE YEAR;
AND TO ALLOW DEFERRAL OF PAVING AND
DRAINAGE WARRANTY SECURITY IF CERTAIN
CRITERIA ARE MET; AND AMENDING INDIAN RIVER
COUNTY CODE SECTION 914.08 TO EXTEND SITE PLAN
APPROVAL TIME LIMITATIONS FROM 12 TO 24
MONTHS; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; AND SETTING FORTH EFFECTIVE
DATE.
WHEREAS, the current international credit crisis has kept lending institutions
from extending credit to many development projects in the community; and
WHEREAS, Indian River County is expected to draw $1.1 million in security on
nine development projects in the next thirty days; and
WHEREAS, the Board of County Commissioners of Indian River County declares
an emergency exists and immediate enactment of this ordinance is necessary to avoid
crushing impacts of the current credit crisis on the local Indian River County economy,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
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ORDINANCE NO, 2009-002
SECTION 1.
Section 913.09(5)(b)2c, sidewalk segment(s) along local roadways, is amended
to read as follows:
Section 913.09(5)(b)2c Sidewalk segment(s) along local roadways
C. Timing. The developer shall be responsible for providing the
required sidewalk segment(s) in compliance with subsection
913.09(5)(b)2.b.i, or ii. prior to receiving a certificate of
completion for required subdivision improvements, forthe
GerrecnnndiRg subdpa,ViSien PFOjeGtwith the following
exceptions:.- iewever„ the eVeRt the developer is.
rcgaii ed-- to—F. GRc t nvrrciQt—tide—required sidewalk s e g m e n+(c )
h\2hil the
i
The developer may delay construction of the required
sidewalk segment(s) beyond the final plat approval
date of the corresponding subdivision development. In
electing to delay construction, the developer shall
provide a completed contract for construction for
remaining required improvements and post security to
guarantee the completed contract in conformance
with subsection 913.10(1). The construction
contract and security arrangement may provide
for annual reductions in the posted security
amount based on completed and inspected
sidewalk segments. The developer may initially
delay construction of the required sidewalk
segment(s) for a period of two (2) years following final
plat approval, regardless of the number of lots to be
platted via the subdivision project. The developer
may, upon approval of both the public works
director and the community development director,
further extend the contract for construction, beyond
the initial two-year period, at a rate of two (2) years for
every eight (8) project lots. which reGei„ed final plat
d i r-eeteF and the GOMmunity development d1FeGtGr. At
no time may a contract for construction be extended
beyond ten (10) years following final plat approval for
the corresponding subdivision project. In its review
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ORDINANCE NO. 2009-002
of contract extension requests, the county may
consider whether or not existing project residents
are provided a functional continuous sidewalk
system or sub -system in a timely manner.
ii. The developer (owners) and the county may agree
to defer both sidewalk construction and the
posting of security for future sidewalk
construction if the following criteria are met:
An Existing project residents are provided a
functional continuous sidewalk system or
sub -system in a timely manner.
B. The developer (owners) defines the area of
the subdivision where sidewalk
construction and security posting are to be
deferred, and agrees to not sell any
lots/units or obtain any building permit for
construction within the "deferral" area until
sidewalks are constructed or security is
posted.
C. The agreement is in a form acceptable to
the county attorneys office, and is
structured as a covenant that cannot be
terminated or modified without county
approval.
D. The agreement/covenant is recorded in the
public records.
SECTION 2.
Section 913.10, security for construction and for maintenance of required
improvements, is amended to read as follows:
Section 913.10. Security for construction
improvements,
and for maintenance of required
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ORDINANCE NO. 2009-002
(1) Construction security.
(A) When construction of required improvements is to be completed following
final plat approval, the developer shall, at or prior to final plat approval,
execute a contract for construction of the required improvements and post
security in an amount equal to one hundred twenty-five (125) percent of
the estimated total cost of required improvements remaining to be
constructed. For residential subdivisions, contracts for construction of
required improvements shall be limited to twenty-five (25) percent of all
required improvements, based upon the estimated cost of improvements.
[Note the-pfevislen a n the preGediRg sentenGe shall apply te IInnn- vmpllete
f+nat -PI ' 2005, All fiR21 plats
approved after September 20, 2005 shall GGMPIY with these "SeGtien -V
Ghanges regardless ef the date a GOMPlete fiRal plat appliGatiOR was filed.]
(B) The contract shall be on a form provided by the county and shall obligate
the developer to complete all "bondable" required improvements and all
other improvements shown on the land development permit (unless the
improvement is shown on the land development permit as not required
and optional) in accordance with the land development permit, the
approved plans and specifications, and county development regulations
and standards, within a period of one (1) year from the date of final plat
approval. Sidewalks may be bonded -out for multiple years in accordance
with subdivision ordinance section 913.09(5).
(C) The estimated total cost of improvements remaining to be constructed
shall include survey, engineering and construction costs and shall be
approved by the county engineer after review of an itemized cost estimate
prepared and certified by the developer's engineer, or an actual contract
price or portion thereof for the work remaining, if available.
(D) The security posted to guarantee performance of the contract shall expire,
if at all, no less than ninety (90) days beyond the last date for performance
established by the contract, or any extension thereof. The security shall
run in favor of the board of county commissioners, must be in a form
acceptable to the county attorney, and may be either:
1. Cash and a cash deposit and escrow agreement governing control
and use thereof; or
2. An irrevocable letter of credit (issued by a financial institution
authorized to conduct business within the state).
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ORDINANCE NO. 2009-002
(E) For good cause shown, the board of county commissioners may in its
discretion grant one (1) or more extensions of time for performance of any
contract for required improvements, provided the security supporting such
contract remains valid for the required ninety -day period following the
newly extended time for performance.
(F) No certificate of occupancy for residential occupancy for any structure
within a subdivision shall be issued until a certificate of completion has
been issued for all required improvements, including required buffers, of
the subdivision serving the residence, with the exception of sidewalks
fronting lots rather than common areas, and any final lift of asphalt in
excess of the amount required by county development regulations as of
the date of issuance of the land development permit for the subdivision.
Prior to issuance of a certificate of completion, the required code minimum
layer of asphalt must be in place or the developer shall provide to the
county either an irrevocable letter of credit or cash escrow in the amount
of one hundred twenty-five (125) percent of the estimated cost of the final
lift including striping and resetting survey PCPs, as certified by the
developer's engineer and approved by the county engineer. Security for a
final lift of asphalt shall be by contract for construction of final lift of asphalt
and either an irrevocable letter of credit or cash deposit and escrow
agreement. The final lift of asphalt must be installed prior to two (2) years
from project's certificate of completion; prior to issuance of a certificate of
occupancy for the last residence within the subdivision (or a separately
platted phase of a subdivision); or sixty (60) days prior to turnover to a
homeowners' association, whichever occurs first.
(G) The board of county commissioners may charge fees to process requests
to extend, modify, or substitute security and contracts for construction.
Said fees shall be established by a formal resolution of the board of
county commissioners.
(2) Maintenance security.
(A) Prior to issuance of the a certificate of completion for required subdivision
improvements, the developer shall execute ae either a warranty and
maintenance agreement as provided in sub -section (B) below or an
agreement to defer the warranty and maintenance agreement and
posting of maintenance security as provided in sub -section (C)
below, In conjunction with the execution of a warranty and
maintenance agreement, aprd the developer and/or its contractor shall
provide security guaranteeing the required road and drainage
improvements against all defects in workmanship or materials; for the
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ORDINANCE NO. 2009-002
period of +wee (3) years one (1) year from the date of issuance of the
certificate of completion. The three yea one-year maintenance period
commences at the time the certificate of completion is issued and not
when the final lift of asphalt is applied in the event a final lift of asphalt is
secured by either an irrevocable letter of credit or cash escrow rather than
installed.
(B) The warranty and maintenance agreement shall be on a form provided by the
county attorney's office and shall be secured by an amount equal to twenty-
five (25) percent of the total actual cost of the improvements covered. Three
(3) months prior to the end of the maintenance period, the proiect
engineer shall accompany the public works department on an
inspection of the required proiect road and drainage improvements.
Based on the inspection, the public works department shall determine if
the required road and drainage improvements are properly functioning
and in good repair or if deficiencies exist that require correction. If
deficiencies are found and are not corrected by the end of the guarantee
period, the Board of County Commissioners may call upon the
maintenance security as provided below in subsection 913.10(3).
The -Maintenance security shall be either:
1. Cash and a cash deposit and escrow agreement governing control
and use thereof; or
2. An irrevocable letter of credit issued by a financial institution
authorized to conduct business within the state; or
3. A maintenance bond underwritten by a security insurer with an A.M.
Best's rating of A -VI or greater and authorized to transact such
business in this state.
The posted security shall expire, if at all, no earlier than ninety (90) days
following the end of the three year guarantee period. Security for required road and
drainage improvements shall run to the benefit of Indian River County.
Upon reGeipt Of a request te release maiRtenanGe seGUFity te a developer,
w 'thon appreximately thirty (30 te sixty (60) days +er Prior to a the county
maintenance inspection of required road and drainage improvements,. scheduled at
the -end -of the maintenanro the county shall notify subdivision residents of the west
and inspection. Notice may be provided by sign posting, mail, flyers, or advertisement.
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ORDINANCE NO. 2009-002
At the end of the three year guarantee period, the public works director may
release theop sted security under the terms of the warranty and maintenance
agreement which shall require certified inspection reports under seal from the
developer's engineer and a determination from the county engineer that required road,
drainage, and sidewalk improvements meet applicable county performance standards.
(C) The developer (owners) and the county may agree to defer
execution of a warranty and maintenance agreement and
posting maintenance security at the time of issuance of a
certificate of completion if the following criteria are met:
1 The road and drainage improvements that are the subject of
the deferral are not needed to serve existing project residents.
2. The developer (owners) defines the "deferral area" and agrees
to not sell any lots/units or obtain any building permit for
construction within the deferral area until a warranty and
maintenance agreement is executed and maintenance security
is posted for road and drainage improvements within the
deferral area.
3a The agreement is in a form acceptable to the county attorneys
office, and is structured as a covenant that cannot be
terminated or modified without county approval.
4 The agreement/covenant is recorded in the public records.
(3) Failure to perform. In the event a developer and/or its contractor fails to
perform the obligations for construction or maintenance required under the above
referenced agreements, the board may call upon the surety provided, or any portion
thereof, to be used for completion of the necessary remaining work. If the surety is
exhausted prior to completion of the work necessary to complete the required
improvements, the developer shall remain liable to the county for any resulting
deficiency. The county is not responsible to complete any subdivision with county funds.
(4) Release or reduction of security.
(A) No construction security shall be released until a certificate of completion
has been approved by the public works director, or his designee and
security for maintenance has been established as required above.
(B) Reduction in the amount of surety required, other than a final draw or
reduction, may be authorized by the public works director after completion
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ORDINANCE NO. 2009-002
of any distinct and separate phase or portion of the required
improvements. The amount of any given reduction shall not exceed eighty
(80) percent of the cost of the completed work, as determined by the
public works director following review of a cost estimate for said work
prepared and certified by the developer's engineer. A reduction in
construction security shall not be construed as acceptance of the
improvement. Formal acceptance shall occur as provided elsewhere in
this chapter, and only upon establishment of proper maintenance security,
where required.
(C) There shall be no reduction in the amount of security posted for residential
subdivisions FeGeiving final plat appreval after September 20, 2005 except
for sidewalk improvements as provided in section 913.09(5)(b)2c.
(5) Security for municipalities. If the applicant is required to construct a
public system which will be accepted by a municipality, the applicant shall furnish the
municipality such security as the municipality may require, including security for both
performance and maintenance of the system. Furthermore, prior to final plat
approval, the applicant shall furnish to the planning department, evidence from the
municipality that its requirements have been satisfied.
(Ord. No. 90-16, § 1, 9-11-90;
3-15-05; Ord. No. 2005-012,
2006-023, § 21 8-22-06; Ord.
08)
SECTION 3.
Ord. No. 96-6, § 4, 2-27-96; Ord, No. 2005-007, §§ 3, 4,
3 31 4-19-05; Ord. No. 2005-032, § 11 9-6-05; Ord. No.
Jo. 2007-014, § 1, 6-5-07; Ord. No. 2008-009, § 1, 4 -29 -
Section 914.08, time limitations on site plan approval, is amended to read as
follows:
Section 914.08. Time limitations on-site plan approval.
(1) Commencement of construction.
(a) All site plan approvals shall terminate and become null and void
automatically without notice if construction has not commenced within
t���el��,-oe-(;L) twenty-four (24) months from the date of approval.
(b) For the purposes of this paragraph, construction will have commenced
when the developer has built a portion of a structure shown on the plan
(e.g. the pouring of footers), or has made substantial improvements to the
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ORDINANCE NO. 2009-002
site, other than land clearing, or filling or grading, in accordance with the
approved site plan, evidencing a good faith effort to diligently pursue
construction to completion in accordance with completion dates noted on
the approved plans.
SECTION 4, CODIFICATION
It is the intention of the Board of County Commissioners that the provision of this
ordinance shall become and be made part of the Indian River County Code, and that the
sections of this ordinance may be renumbered or re -lettered and the word ordinance may
be changed to section, article or such other appropriate word or phrase in order to
accomplish such intention.
SECTION 5, SEVERABILITY
If any section, sentence, clause, or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 6. EFFECTIVE DATE
This ordinance shall be effective and deemed filed when a certified copy has
been accepted by the postal authorities of the Government of the United States for
special delivery by certified mail to the Florida Department of State.
The Clerk to the Board shall mail the certified copy of the ordinance to the
Department of State as soon after enactment as practicable.
This ordinance was moved for adoption by Commissioner Solari, seconded by
Commissioner Wheeler, and adopted by the following vote:
Wesley S. Davis, Chairman Aye
Joseph E. Flescher, Vice Chairman Aye
Commissioner Gary C. Wheeler Aye
Commissioner Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
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ORDINANCE NO. 2009-002
The Chairman thereupon declared the ordinance duly passed and adopted this
17th day of February, 2009.
ATTEST: Jeffrey K. Barton, Clerk
By:
Deputy Clerk
MAILING DATE/EFFECTIVE DATE:
ACKNOWLEDGMENT by the
of KfV a- v -c- 2009.
BOARD OF COUNTY COMMISSION,
INDIAN EWER COUNTY, FLORIDA
By:
Wesley S. Davis, Chairman
APPROVED AS TO -FORM
AND LEGAL SUFFICIENCY
syi
WILLiAM Go
•
COUNTY•
Department of State of the State of Florida, this lb day
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