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Home My WebLink About2005-012ORDINANCE 2005- 012 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. No construction may commence until the applicant obtains a land development permit or land development permit waiver. The public works director is hereby authorized to waive, in writing, the requirement for a land development permit, 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. 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 at least seventy-five percent (750/o) of all required improvements, based upon the cost of improvements; and 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 Bold Underline: Added text Strike: Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Reconsideration of Bonding out for res sub.rtf 1 ORDINANCE 2005- 012 • 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 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: Bold Underline: Added text Strikethrough: Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Reconsideration of Bonding out for res substf 2 • ORDINANCE 2005- 012 CERTIFICATE OF COST ESTIMATE I, , 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 estimate for said improvements is $ . This estimate has been prepared, in part, 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 twenty-five percent (25%) of all required improvements, based upon the cost of improvements. sidewalks, the 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; 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 Bold Underline: Added text Stfikethr-ough Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Reconsideration of Bonding out for res sub.rtf 3 ORDINANCE 2005- 012 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 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 percent (25%) of all required improvements, based upon the estimated cost of improvements. by the public works director, and any required off .site improvements that arc 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 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: Bold Underline: Added text tr-i gh Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Reconsideration of Bonding out for res sub.rtf 4 (E) (F) (G) (H) ORDINANCE 2005- 012 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; 3. Other means of security acceptable to the county attorney's office and the risk management department. 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 security supporting such contract remains valid for the required ninety -day period following the newly extended time for performance. 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. During the security period, there shall be no reduction in the amount of security posted for residential subdivisions. 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. 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. 5. 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. 6. 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 the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. Bold Underline: Added text Strikethrough Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Reconsideration of Bonding out for res sub.rtf 5 ORDINANCE 2005- 012 7. Effective Date This ordinance shall take effect upon filing with the State of Florida. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 19th day of Apr i 1 , 2005. This ordinance was advertised in the Press -Journal on the 9 H' day . of ; L �r� 2005, for a public hearing to be held on the 1 q ne' day of ,�P r",L , 20b5, 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 Vice Chairman Arthur R. Neuberger Commissioner Sandra L Bowden Commissioner Gary C. Wheeler Commissioner Wesley S. Davis Aye Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Thomas S. Lowther, Chairman ATTEST BY: %%%Queet pot. Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPR t ED AS TO PLANNING MATTERS Robert M. eating, AI P, / ommunity 1 evelopment Director APR 2 7 2005 Bold Underline: Added text c...:,. gS: Deleted Text F:\Community Development\Users\CurDev\ORDINANCE\2005\Reconsideration of Bonding out for res sub.rtf 6