HomeMy WebLinkAbout2013-023ORDINANCE NO. 2013- ng -I
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, CONCERNING AMENDMENTS TO ITS
LAND DEVELOPMENT REGULATIONS (LDRs)
WITH REGARD TO THE DELAY IN THE
CONSTRUCTION OF SIDEWALKS, AMENDING
SECTION 913.09 "DESIGN STANDARDS AND
REQUIREMENTS" OF CHAPTER 913
"SUBDIVISION AND PLATS" OF THE INDIAN
RIVER COUNTY CODE IN ORDER TO ALLOW AN
ADDITIONAL EXTENSION FOR SIDEWALK
CONSTRUCTION; AND PROVIDING FOR
CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, several subdivisions are operating under the sidewalk
bonding -out regulations that were in effect prior to 2009 where the developer is
responsible for the construction of the sidewalk segments fronting or contiguous
to individual lots; and
WHEREAS, the Indian River County Code has provisions for alternative
solutions where the developer does not have to "bond -out" by either constructing
the sidewalk segments before a residence is constructed or the lots are sold, or
by amending the restrictive covenants to transfer the responsibility to the lot
owner to construct his individual sidewalk segment fronting or contiguous to his
lot prior to receiving a certificate of occupancy. In the first instance, if the
sidewalks are constructed, the likelihood of them having to be redone is strong
due to heavy equipment and construction traffic breaking the segments during
home construction; thus paying twice for the same sidewalk construction. In the
latter instance where transfer is an option and the lots have been sold, it has
become quite burdensome, challenging or impossible to obtain homeowner and
lender consents after the fact. In other instances where some lots have been
sold, the developers do not want to amend the restrictive covenants as they want
uniformity within the subdivision, that is they do not wish to single out certain lots
with a restriction that is not for the entire subdivision; and
Coding: Words/letters underscored are additions to text; words/letters in
stk-thra format are deletions to text.
ORDINANCE NO. 2013-023
WHEREAS, the time is fast approaching where the developers are at the
end of their 1 -time, 2 -year extension which was approved by the Board,
and due to market conditions not being at a point where lots are being steadily
sold and residences constructed, it has become apparent that there is a need to
amend the code to assist the developers that are operating under the sidewalk
bonding -out regulations that were in effect prior to 2009,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Section 913.09,
Design standards and requirements, of the Indian River County Code is hereby
amended as follows:
SECTION 1. Section 913.09(5)(b)2.e, Timing, is amended to read:
e. Timing. The developer shall be responsible for providing his required
internal sidewalk segment(s) in compliance with subsections
913.09(5)(b)2.b. and 913.09(5)(b)2.d.i. above, prior to receiving a
certificate of completion for required subdivision improvements, with
the following exceptions:
The developer may delay construction of the required sidewalk
segment(s) beyond the final plat approval date of the
corresponding subdivision development if such delay is needed
to accommodate development of the common area or meet
sidewalk requirements for multiple phase projects. If the
developer qualifies for delay and elects to delay, then the
developer shall provide a completed contract for construction
for remaining required sidewalk improvements and post
security to guarantee the completed contract in conformance
with subsection 913.10(1). The construction contract shall be
for a period of two (2) years and may be extended subject to
payment of the applicable extension fee adopted by the board
of county commissioners and the conditions and timeframes
provided in these regulations. The construction contract and
security arrangement may provide for annual reductions in the
posted security amount based on completed and inspected
sidewalk segments. Reduction requests are subject to payment
of the applicable reduction fee adopted by the board of county
commissioners and the conditions and timeframes provided in
these regulations. The developer may delay construction of the
required common area sidewalk segment(s) for a period of up
to four (4) years following final plat approval. For those
subdivisions platted before September 8, 2009, with regard to
required sidewalks fronting and/or contiguous to individual lots,
a 2 -year extension not to exceed December 12, 2016 may be
granted so long as a valid sidewalk construction contract was in
existence as of August 20, 2013, A.
Coding: Words/letters underscored are additions to text; words/letters in
awo format are deletions to text.
2
ORDINANCE NO. 2013-.023
eGRIFSet GASMien of two (2),yeam may be
subject
to payment of the applicable extension fee adopted by the
board of county commissioners and the conditions and
timeframes provided in these regulations.
SECTION 2. 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 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.
SECTION 4. EFFECTIVE DATE
of State. This ordinance shall take effect upon filing with the Florida Department
This ordinance was advertised in the Vero Beach Press -Journal on the
29th day of November, 2013, for a public hearing to be held on the 10th day of
December, 2013, at which time it was moved for adoption by Commissioner
Solari , seconded by Commissioner Davis and adopted by
the following vote:
Chairman Peter D. O'Bryan Aye
Vice Chairman Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Tim Zorc Aye
Commissioner Bob Solari Ave
Coding: Words/letters underscored are additions to text; words/letters in
format are deletions to text.
3
ORDINANCE NO. 2013- 023
The Chairman thereupon declared the ordinance duly passed and
adopted this 10th day of December, 2013.
O Sg10...... :.. • BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
By.
�`'�''• t,.. Peter D. O'Bryan, Chairma
ATTEST: Jeffrey R ~mt1
O kt ndCom 1 e Approved as to form and le iciency:
By' By.
eputy Cl Dylan Reingold, County Attorney
Effective Date: This ordinance was filed with the Department of State on
day of , 2013, and becomes effective
Coding: Words/letters underscored are additions to text; words/letters in
format are deletions to text.
n