HomeMy WebLinkAbout2005-007ORDINANCE 2005- 007
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND
DEVELOPMENT REGULATIONS (LDRS) CHAPTER 913, SUBDIVISION AND PLATS, BY
AMENDING SECTION 913.07 REGARDING PROCEDURE AND REQUIREMENTS FOR
SUBMITTING AND PROCESSING SUBDIVISION APPLICATIONS AND 913.10 SECURITY
FOR CONSTRUCTION AND FOR MAINTENANCE OF REQUIRED IMPROVEMENTS.
BE 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:
1. LDR Section 913.07(5)(A), Land Development Permit, is hereby amended to read as
follows:
"Land development permit. The land development permit is the instrument authorizing the
developer to proceed with land improvements as specified in the approved plans and specifications
set forth in the application and shown on the approved preliminary plat.
(A). Procedure After TRC approval of the preliminary plat (at the time the preliminary
plat is scheduled for planning and zoning commission consideration and approval),
an applicant may apply for a land development permit and follow cithcr of the
procedures identified in section 913.07(5)(A) 1 or 2. No construction may commence
until the applicant obtains a land development permit or land development permit
waiver, pursuant to section 913.07(5)(A). The public works director is hereby
authorized to waive, in writing, the requirement for a land developmentpermit,
where no improvements delineated in section 913.09 are required or where a
required improvement(s) can be provided via another application and review process.
No land development permit waiver may be issued unless an initial concurrency
certificate has been issued, or concurrency acknowledgement form recorded, for
the project portion to be covered by the waiver. After issuance of a land
development. permit or land development permit waiver, an applicant shall
choose one of the following options for obtaining final plat approval.
public works department construction plans and specifications as required in
section 913.07(5)(B) of this chapter together with a request for a land
development permit, or shall request a written land development permit
waiver. A copy of the deed and letter of authorization from owner if different
•
may commence. The improvements required by the preliminary plat approval
shall be completed prior to final plat approval, as specified in the issued land
development permit or written land development permit waiver.
permit, or written land development permit waiver, an applicant may apply
for final plat approval,. contracting with thc county to construct thc
improvements required in the land development.
The contract and corresponding security as specified in section 913.10 shall
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ORDINANCE 2005- 007
be required for the performance and maintenance of all improvements which
are to be constructed after final plat approval."
1. Residential Subdivisions.
a. Prior to final plat approval, the applicant constructs all required
improvements and obtains a certificate of completion; or
b. Prior to final plat approval, the applicant:
• Constructs all required improvements except for any or all of the
following:
• sidewalks
• the second or final layer of asphalt for roadways
• required off-site improvements that are identified in an
approved developer's agreement as "bondable" items; and
• Enters into a contract with the county for the applicant to
construct the remaining required improvements, in accordance
with Subdivision Ordinance section 913.10(1); and
• Posts security to guarantee the contract, in accordance with
Subdivision Ordinance section 913.10(2); and
• Obtains a certificate of completion for the constructed required
improvements.
2. Non-residential Subdivisions.
a. Prior to final plat approval, the applicant constructs all required
improvements and obtains a certificate of completion; or
b. Prior to final plat approval, the applicant:
• Enters into a contract with the county for the applicant to
construct all of the required improvements or the remaining
required improvements, in accordance with Subdivision
Ordinance section 913.10(1); and
• Posts security to guarantee the contract, in accordance with
Subdivision Ordinance section 913.10(2).
[Note: These "Section 1" changes shall apply to complete final plat applications
received after June 15, 2005 and to all plat projects for which no land
development permit application was filed by March 15, 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.]
2. LDR Section 913.07(6)(B), Land Development Permit, is hereby amended to read as
follows:
"(B) Procedure. No final plat application shall be submitted for approval prior to the issuance of
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ORDINANCE 2005- 007
land development permit. The plat shall be accompanied by:
1. A complete final plat application as furnished by the planning department;
2. The appropriate filing fee and application;
3. A certificate of concurrency covering the area to be platted;
4. When required in conjunction with a construction contract or maintenance
agreement, a certified cost estimate shall be prepared by the developer's
engineer and shall include the cost of surveying, engineering and construction
of all required improvements in substantially the following form:
CERTIFICATE OF COST ESTIMATE
A Florida registered engineer, License No. , do hereby
certify to Indian River County that a cost estimate has been prepared under
my responsible direction for those improvements itemized in this exhibit and
that the total cost estimatefor,said improvements is $ This
estimate has been prepared, in prt, to induce approval by the county of a
final plat for the Subdivision, and for the purpose of establishing
proper surety amounts associated therewith.
(Signature)
(Name, Florida Registered Engineer
License No. )
(AFFIX SEAL)
or the actual contract price(s) may be substituted for the engineer's cost
estimate;. For residential subdivisions, contracts for construction of
required improvements shall be limited to sidewalks, the second or final
layer of asphalt for roadways, minor items approved by the public works
director, and any required off-site improvements that are identified in an
approved developer's agreement as "bondable" items. [Note: the
provision in the preceding sentence shall apply to all complete final plat
applications received after June 15, 2005 and to all plat projects for
which no land development permit application was filed by March 15,
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.]
5. Appropriate security for required improvements as specified in section
913.10 of this chapter unless a certificate of completion has been issued by
the community development division;
6. Ten (10) copies of the final plat drawing showing required information and
certifications;
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ORDINANCE 2005- 007
7. Security for maintenance of improvements meeting the requirements of
section 913.10 of this chapter when a certificate of completion has been
issued; and improvements are dedicated to the county;
8. A copy of the property owners' association documents which accept the
responsibility for maintenance of all private streets, rights-of-way, easements,
recreation areas, stormwater management facilities or other improvements;
9. A copy of the final protective covenants and deed restrictions, where such
covenants and restrictions are required or established by the applicant; and
10. All applicable informational requirements of section 913.07(6)(D) and (E) of
this chapter;
11. The community development director or his designee shall determine
whether or not an application is complete and can be routed for
interdepartmental review. No incomplete application shall be routed for
review."
3. LDR Section 913.10(1), Subdivision Construction Security, is hereby amended to read
as follows:
"(1) Construction security.
(A) When construction of required improvements is to be completed following final plat
approval, the developer shall, at or pnor to final plat approval, execute a contract for
construction of the required improvements and post security in an amount equal to
one hundred fifteen (115) 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 sidewalks, the
second or final layer of asphalt for roadways, minor items approved by the
public works director, and any required off-site improvements that are
identified in an approved developer's agreement as "bondable" items. [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.]
(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 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
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ORDINANCE 2005- 007
remaining, if available.
(D). The surety 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 surety security shall run in favor of the
board of county commissioners, must be in a form acceptable to the county attorney,
and maybe either:
1. A performance bond underwritten by a surety insurer authorized to transact
such business in this state; or
21. A cash deposit and escrow agreement governing control and use thereof; or
3-2. An irrevocable letter of credit, (issued by a financial institution authorized to
conduct business within the state;
4.3. Other means of security acceptable to the county attorney's office and the
risk management department and the public works and/or utilities
departments.
(E) For good cause shown, the board of county commissioners may in its discretion
grant one or more extensions of time for performance of any contract for required
improvements, provided the surety security supporting such contract remains valid
for the required ninety -day period following the newly extended time for
performance.
(F) No certificates 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. or appropriate phase or area of the subdivision have been accepted by the
county, or where required improvements are dedicated to a private association, until
approved by the county."
(G) During the security period, there shall be no reduction in the amount of security
posted for residential subdivisions.
(11) 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.
4. LDR Section 913.10(2), Subdivision Maintenance Security, is hereby amended to read
as follows:
"(2) Maintenance security.
(A) At such time when the county agrees to accept the dedication of any of the public
improvements Prior to issuance of the certificate of completion for required
subdivision improvements in a subdivision, the developer shall execute an
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ORDINANCE 2005- 007
agreement and provide security guaranteeing the required road, drainage, and
sidewalk improvements against all defects in workmanship or materials,
failure to construct in accordance with approved plans and specifications, for the
period of elle three (3) years from the date of acceptance 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 the posting of surety in an amount
equal to twenty-five (25) percent of the total actual cost of the improvements
covered. The surety security shall be in one of the forms specified in section
913.10(1)(D) for construction security. Surety other than performance bonds The
posted security shall expire, if at all, no earlier than ninety (90) days following the
end of the three (3) year guarantee period. Performance bonds shall guarantee
performance without any time limitation other than the statute of limitation.
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 30-60 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 (3) 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.
5. LDR Section 913.07(5)(I), Final Inspection, Certificate of Completion, is hereby
amended to read as follows:
"(I) Finalinspection; certificate of completion. Upon completion of construction of the
improvements, the applicant shall provide the public works director with the following•
1. A certified letter stipulating that construction of the improvements has been
completed and requesting final inspection and approval;
2. The testing reports and certificates of compliance from material suppliers;
3. Three (3) sets of as -built construction plans;
4. Documents from a registered engineer with his seal affixed certifying that the
improvements have been constructed in conformity with the land
development permit and the provisions of this chapter;
5. A document from the county utilities division approving all utility
installations. If a municipality or other utility is serving the development with
water or sewer, there must be a document indicating acceptance of the
construction for the water or sewer system by the utility;
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ORDINANCE 2005-007
6. Release of liens and affidavit that all liens are released, or release of lien
arrangements approved by the County Attorney, on all improvements
required by this chapter. Upon receipt of the above items, the public works
division and the community development department shall review said data
and make a final inspection of the constructed improvements and shall notify
the applicant of any items of noncompliance with the approved construction
plans and specifications. A certification of completion shall be issued by the
public works director when all improvements are completed in conformity
with the approved design. This certificate shall release the construction
suretm
7. The public works director may issue a certificate of completion even if
certain required improvements, such as sidewalks, final layers of
roadway asphalt, required off-site improvements that are identified in an
approved developer's agreement as "bondable", and minor items have
not been completed. Such improvements may be uncompleted at the
time of certificate issuance if, in the opinion of the public works director,
the developer shows by competent evidence that the required
improvement, if completed would be damaged by future construction
and delay of completion of the improvement would not affect the health,
safety or welfare of the residents of the subdivision. All such required
improvements to be completed shall be specified on the certificate of
completion and shall be guaranteed for future construction in
accordance with subdivision ordinance section 913.10(1) or an approved
developer's agreement.
No certificate of completion shall be issued until an executed warranty and
maintenance agreement and maintenance security are submitted to the county by the
developer in accordance with subdivision ordinance section 913.1042). No certificate
of occupancy shall be issued for a residence in a new subdivision until a certificate of
completion has been issued for the required improvements necessary to serve the
residence."
6. LDR Section 913.07(6)(J), Acceptance of Public Improvements, is hereby amended to
read as follows:
«(J)
Acceptance of public improvements. Approval of said final plat shall constitute acceptance
by the county of all public areas or improvements dedicated to Indian River County
according to the terms set out in the acceptance block.
1. The owner shall be required to maintain the accepted improvements in good
condition for a period of one year from the date of final plat approval or one
yea* three (3) years from the date that a certificate of completion is issued by
the Ili .. - public works director,_ w''i^,,o..o, is'^*^-. At
the end of the ene-year three (3) year period, the improvements shall be in
such condition that they meet the requirements of this ordinance as it existed
at the time of approval of the final plat. [Reference subdivision ordinance
section 913.10(2)
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ORDINANCE 2005- 007
2. The county accepts no obligation to perform any act of construction or
maintenance except when the obligation is voluntarily and expressly assumed
by the county.
3. The county shall withhold all public improvements, including the
maintenance of streets, from all subdivisions which have not been accepted in
the manner herein provided.
4. No changes, erasures, modifications or revisions shall be made in any final
plat after approval unless the plat is first resubmitted for approval.
5. There shall be no reference to any possible reversion of any property in the
dedication of a plat.
6. The developer shall pay all of the costs of public improvements and certify
that they have been paid at the time of dedication or at the time of issuance of
a certificate of completion.
7. All mortgagees or others having a lien on the land shall join in or ratify the
plat and all dedications thereon executed and shall certify that all dedicated
lands are free from such mortgages or other liens.
8. The county will accept no obligation to repair or maintain navigable canals,
waterways or bulkheads. Waterways and canals must be dedicated to and
accepted by a property owners' association Bulkheads that abut private or
public streets must also be accepted for maintenance and repair by the
property owners' association.
7. Repeal of Conflicting Provisions
All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian
River County, Florida, which conflict, with the provisions of this ordinance are hereby repealed to
the extent of such conflict. All special Acts of the legislature applying only to the unincorporated
portion of the Indian River County which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
8. Codification
The provisions of this ordinance shall be incorporated into the County Code and the word
"Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of
this ordinance may be renumbered or re -lettered to accomplish such intentions.
9. Severability
If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held
to be unconstitutional, inoperative, or void, such holdings shall not affect theremaining portions
hereof and it shall be construed to have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative part.
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ORDINANCE 2005-007
10. Effective Date
This ordinance shall take effect on April 1, 2005, after filing with the State of Florida.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 15th day of March , 2005.
This ordinance was advertised in the Press -Journal on the 28 th day of February
2005, for a public hearing to be held on the 15th day of March , 2005, at which time
it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Bowden
, and adopted by the following vote:
Chairman Thomas S Lowther Nay
Vice Chairman Arthur R. Neuberger Aye
Commissioner Sandra L. Bowden
Commissioner Gary C. Wheeler
Commissioner Wesley S. Davis
Aye
Aye
Nay
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER CO ► Y
BY•
Arthur -u _.r�-r, Vice....•. rman
ATTEST BIQr�
e1 Jeffrey K. Barton, Clerk
This ord nan�cenwas2 j,UU with the Department of State on the following
date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
ED AS TO PLANNING MATTERS
'cert M. Keating, AICP; Co unity Dev lopment Director
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