HomeMy WebLinkAbout2005-032ORDINANCE NO. 2005-032
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING INDIAN RIVER COUNTY
CODE SECTION 913.10(2) TO ALLOW
MAINTENANCE BONDS AS SECURITY FOR THE
WARRANTY OF REQUIRED SUBDIVISION
IMPROVEMENTS; PROVIDING FOR AN
E FFECTIVE DATE, SEVERABILITY, AND
CODIFICATION.
B E IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA that the Indian River County Land
Development Regulations (LDRs) be amended as follows:
S ECTION 1.
Section 913.10, Security for construction and for maintenance of
required improvements is amended to read:
S ection 913.10. Security for construction and for maintenance of
required improvements.
(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 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 provision in the preceding sentence shall apply to all
complete final plat applications received after March 31, 2005. All final plats
approved after September 20, 2005 shall comply with these "section 1" changes,
regardless of the date a complete final plat application was filed.]
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ORDINANCE NO. 2005-032
(B) The contract shall be on a form provided by the county and
shall obligate the developer to complete all "bondable" required improvements 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 public works director 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. 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.
(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.
(G) During the security period, there shall be no reduction in the
amount of security posted for residential subdivisions.
(H) 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.
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ORDINANCE NO. 2005-032
(A) Prior to issuance of the certificate of completion for required
subdivision improvements, the developer shall execute an agreement and developer
and/or its contractor shall provide security guaranteeing the required road, drainage,
and sidewalk improvements against all defects in workmanship or materials, for the
period of three (3) years from the date of issuance of the certificate of completion.
(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. The
security shall be either: in one (1) of the forms specified in scction 913.10(1)(D) for
construction security.
1. 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+ XI 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, drainage, and sidewalk improvements shall run to the benefit of Indian River
County.
Upon receipt of a request to release maintenance security to a
developer, and within approximately thirty (30) to sixty (60) days prior to a county
inspection of required improvements scheduled at the end of the maintenance
period, the county shall notify subdivision residents of the request and inspection.
Notice may be provided by sign posting, mail, flyers, or advertisement.
At the end of the three-year period, the public works director
may release the 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.
(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
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ORDINANCE NO. 2005-032
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 fo
completion has been received, reviewed, and approved by the community
development 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 of
any distinct and separable 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
improvements. Formal acceptance shall occur as provided elsewhere in this
chapter, and only upon establishment of property maintenance security, where
required.
(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.
S ECTION 2. EFFECTIVE DATE
This ordinance shall take upon filing with the Florida Department of
S ECTION 3. 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.
S ECTION 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.
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ORDINANCE NO. 2005-032
This ordinance was advertised in the Vero Beach Press -Journal on the
26th day of August, 2005, for a public hearing to be held on the 6th day of
September, 2005, at which time it was moved for adoption by Commissioner Davis,
seconded by Commissioner Bowden, and adopted by the following vote:
Chairman Thomas S. Lowther
Vice Chairman Arthur R. Neuberger
Commissioner Wesley S. Davis
Commissioner Gary C. Wheeler
Commissioner Sandra L Bowden
Absent
Aye
Aye
Aye
Aye
The Chairman thereupon declared the ordinance duly passed
adopted this 6th day of September, 2005.
ATTEST:. 'Jeffrey K. Ba
..1
Effecti
day'of;.. .
fib. 1Deputy•Clerk
on. Clerk
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
By:
Thomas S. Lowther, Chairman
Approved as to form and legal sufficiency:
By:
William G. Collins II
County Attorney
his ordinance was filed with the Department of Sttate_on
2005, and becomes effective
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