HomeMy WebLinkAbout2006-023ORDINANCE NO. 2006- 023
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING SUBDIVISION ROAD
.PAVEMENT STANDARDS OF SECTION
913.09(3)(J)1 OF THE INDIAN RIVER COUNTY
CODE TO REQUIRE A MINIMUM 11/2" ASPHALTIC
SURFACE; TO ALLOW AN OPTION OF A 11/4"
FIRST LIFT, WITH SECOND LIFT OF 1" OF
ASPHALT; AMENDING SECTION 913.10 TO
ALLOW FOR FINAL LIFTS OF ASPHALT TO BE
SECURED SO LONG AS A MINIMUM LAYER OF
ASPHALT HAS BEEN LAID PRIOR TO RECEIVING
A CERTIFICATE OF COMPLETION; AND TO
FURTHER AMEND THE LANGUAGE TO
ELIMINATE ANY AMBIGUITIES FROM RECENT
CODE AMENDMENTS; AMENDING SECTION
913.07(5)(B)17 TO LABEL NON -REQUIRED
AMENITIES ON LAND DEVELOPMENT PERMIT
DRAWINGS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, when properties are platted, the developer cannot receive a
'Certificate of Completion for the project until all the required improvements are
installed, with the exception of sidewalks; and
WHEREAS, many projects are designed for a final lift of asphalt to be laid
over the 1 -inch lay currently required by County Code, after the development has
a majority of the homes constructed and before turnover of homeowner
associations so that the roads are more aesthetically appealing; and
WHEREAS, on March 15, 2005 the Board of County Commissioners
passed a motion requiring a minimum of 1'/2" of asphalt.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA that section 913.10 of the Indian River County
Code is hereby amended as follows:
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ORDINANCE NO. 2006- 023
SECTION 1.
Section 913.09(3)(J)l is amended to read:
Local roads (flexible pavement). A stabilized sub -grade of eight (8)
inches compacted to ninety-eight (98) percent maximum dry
density as established by A.A.S.H.T.O. Procedure T-180; the
base should consist of, six (6) inches of 69*1 Gernent with a
minlml M tWeRty eight - (28) days JtFeRthree of -oo hi Rd Fe -i (300)
PGURds per square iRGh cemented coquina shell or six (6) inches
of limerock meeting FDOT specifications, compacted to ninety-
eight (98) percent dry density as established by A.A.S.H.T.O.
Procedure T-180; and an asphalts surface of at least one and
one-half (1 '/2) inches} iRGh Type e_1 1 or Type 111, of Superpave
asphalt type SP12.5 (Traffic Level Q. iR-In addition, the minimum
specifications should require that a five-foot shoulder stabilized to a
depth of six (6) inches be provided to accommodate subdivision
parking and vehicles that might run off the road, for a rural section.
For a curb and gutter street, the stabilization should extend to six
(6) inches behind the back of the curb. The required minimum
one and one-half (1 1/2) inch asphaltic surface shall may be
provided in one (1) laver. two stages; a 4 Laver rJuc
a final loft, as specified in seGt8Gn 913.10
As an option to the one and one-half (11/2) inch asphalt surface,
a one and one quarter (11/4) inch layer of Superpave asphalt
type SP12.5 (Traffic Level C) may be installed and a minimum
of one (1) inch surface laver of asphalt type SP 9.5 (Traffic
Level C) must be bonded for Certificate of Completion. The
surface laver must be installed prior to two (2) years from date
of 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 60 days prior
to turnover to a homeowners' association, whichever occurs
fi rst.
SECTION 2.
Section 913.10 is amended to read:
(1) Construction security.
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ORDINANCE NO. 2006-023
(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 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 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).
(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
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ORDINANCE NO. 2006- 023
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 laver 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 125% 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 2 years from
proiect'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 60 days prior to turnover to a homeowners' association, whichever
occurs first.
(fin 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 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 and
drainage, and sidawalk 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. The 3 -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. The
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
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ORDINANCE NO. 2006- 023
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 and drainage, andd ssidde.41. 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
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 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.
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ORDINANCE NO. 2006-023
There shall be no reduction in the amount of security posted for
residential subdivisions receiving final plat approval after September 20, 2005.
(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.
SECTION 3.
Section 913.07(5)(B) is amended to add the following:
17. The land development permit drawinas shall depict all proposed site
improvements associated with the subdivision project. Amenities
that are shown but not required by the county or other jurisdictional
agencies shall be clearly labeled in bold print as "Not required,
optional".
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 take upon filing with the Florida Department of
State.
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ORDINANCE NO. 2006-023_
This ordinance was advertised in the Vero Beach Press -Journal on the
7th day of August , 2006, for a public hearing to be held on the 22nd day of
ALgl,st , 2006, at which time it was moved for adoption by Commissioner
Davi s , seconded by Commissioner Bowden , and adopted by
the following vote:
Chairman Arthur R. Neuberger Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Wesley S. Davis Aye
Commissioner Thomas S. Lowther Aye
Commissioner Sandra L. Bowden Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 22nd day of August , 2006.
ATTEST: Jeffrey K. Barton, Clerk
Deputy Clerk
BOARD OF�COUNTY`C'OMMISSION
INDIAN RIVER COUNTY' FLORIDA
o.l. -AFF/�� � •.- l --.. �% I i
Approved as to form and legal sufficiency:
4,
William G. Collins II
County Attorney
Effective Date: This ordinance was filed with the Department of State on
day of AUfi 3_4-2QQ5 , 2006, and becomes effective
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