HomeMy WebLinkAbout2018-018ORDINANCE 2018- ni R
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING
FOR AMENDMENTS TO CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING
SECTION ,913.07(5)(A) AND SECTION 913.07(6)(B) AND SECTION 913.07(6)(D) AND
SECTION 913.07(6)(F)3 AND SECTION 913.07(6)(F)7 AND SECTION 913.07(6)(G)
SPECIFICALLY; AND SECTION 913.10 SPECIFICALLY; AND BY PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRs) CHAPTER 913, SUBDIVISIONS AND PLATS, BE AMENDED AS
FOLLOWS:
SECTION #1:
Amend LDR Section 913.07(5)(A); as follows:
(5) 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 (1) of the following
options for obtaining final plat approval.
1. Residential a ,x,d-44 ie
a-.- Option 1
Prior to final plat approval, the applicant_ eefistrae4s all ~er-e o �~'+� fflfta
• Completes Utility Service's Bill of Sale checklist to the satisfaction of the
Utility Services Director, and
• Obtains a determination from the Public Works Director in coordination
with the Utility Services Director that a certificate of completion and bill
of sale for water and/or sewer utility improvements are ready to issue
upon Board of County Commissioners approval of the final plat; and
• Enters into a warranty maintenance and bill of sale agreement in
accordance with Subdivision Ordinance section 913.10.
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b-2. Option 2:
Prior to final plat approval, the applicant:
• Constructs at least seventy-five (75) percent of all required improvements,
based upon the cost of improvements; 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); and
• Posts security to guarantee the contract, in accordance with Subdivision
Ordinance section 913.10(0; and
Note: after completion of the required subdivision improvements, the
applicant shall complete Utility Service's Bill of Sale checklist, enter into a
warranty maintenance and bill of sale agreement and post security to
guarantee those items in accordance with subdivision ordinance section
913.10.
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SECTION #2:
Amend LDR Section 913.07 (6)(B); as follows:
(6) Final plat.
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(B) Procedure. No final plat application shall be submitted for approval prior to the issuance
of land development permit or land development permit waiver. The final plat application
shall be submitted on a form furnished by the planning division and shall be accompanied
by:
1. The appropriate filing fee;
2. A certified cost estimate, when required in conjunction with a construction contract
or maintenance agreement. The 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 except that surveying and engineering
costs shall be excluded from a certified cost estimate prepared for a
maintenance agreement. A cost estimate, when required, shall be prepared 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 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 (25) percent of all required improvements, based upon the
cost of improvements. [Not the pr-evision in the r e eding s „te„ee shall apply to
all eemplete final plat appheationsieeeived after 2005 and to all plat.
pr-ejvets for- whel, ne land ,leyei.,,,,,..ent pe, -.,,;t a ,,.l;was fit ,1 1....—4--are.l, 45-
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2005. All final plats appr-eved after
ter Septeriiber- 20,, 2005 shall eefnply' w i4aie�c
'vee fie 1" ehanges, regardless of the date ., --- „logo final plat p eatio., was
fiked
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3. A draft contract for construction of remaining required improvements in a
form acceptable to the Countv Attornev and proposal for appropriate
Appr-epii security for required improvements as specified in section 913.10 of this
chapter unless a eertifieate of eempletien has been issued by the
developmeRt division if platting is proposed to occur prior to completion of
required improvements;
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4. Ten (10) copies of the final plat drawing showing required information and
certifications;
5. A draft warranty and maintenance and bill of sale agreement in a form
acceptable to the County Attorney and proposal for appropriate security
SeetHity for maintenance of and bill of sale for improvements meeting the
requirements of section 913.10 of this chapter ••d" -e„ - ,.ori fie to of ,.emplefie , has
been issued; and improvements are dedieated to the if platting isproposed
to occur after completion of required improvements;
6. 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;
7. A copy of the final protective covenants and deed restrictions, where such covenants
and restrictions are required or established by the applicant; and
8. All applicable informational requirements of subsection 913.07(6)(D) and (E) of this
chapter; and
9. Written confirmation from the developer's surveyor, submitted on a form
provided by the Public Works Director, that the final plat submittal conforms
with all code requirements outlined on the "Final Plat Checklist" provided by
the County Surveyor.
The community development director or his designee shall determine whether or not a
final plat application is complete and can be routed for interdepartmental review. No
incomplete application shall be routed for review. The final plat application shall be valid
for a period of two (2) years from the date it is filed with the planning division. The
community development director or his designee may grant a one-year extension of the
application.
SECTION #3:
Amend LDR Section 913.07 (6)(D);' as follows:
(D) Information required, (all information as required in Chapter 177.091, F.S.). The final
plat shall contain:
A title block;
2. The name of the proposed subdivision which shall not duplicate nor closely
approximate the name of any other existing subdivision in the county. If the plat is
an addition to an existing subdivision, it shall bear .the same name as the existing
subdivision. For planned developments, plats shall contain "PD" within the title;
3. The name of the county and state;
4. The legal description;
5. The date of preparation of the final plat and of any revisions;
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6. A prominent "north arrow" on each sheet showing any portion of the subdivided
lands; also, the reference bearing or azimuth in the notes or legend;
7. The scale stated and graphically illustrated on each sheet;
8. An index sheet on page one showing the entire subdivision and indexing the area
shown on succeeding sheets. Each sheet must show the particular number of the sheet
and the total number of sheets as well as clearly labeled match lines;
9. The point of beginning shown together with the letters P.O.B. in bold letters when a
point of beginning is used in the legal description;
10.
a. The initial point in the description shall be accurately tied to the nearest
government corner, and a second point shall be tied to a second government
corner. A certified corner record must be submitted to the county surveyor and
to the department of environmental protection for each such corner, in
accordance with Florida Statutes Section 177, Part III;
b. Ties to at least two (2) Indian River County Horizontal Control Network
(IRCHCN) monuments shall be provided if any portion of the site to be platted
is within one (1) mile of one (1) such monument. This requirement shall not
apply to areas covered by a valid, preliminary plat approved prior to June 1,
1995. Where such ties are required, state plane coordinates shall be shown on
the certified corner records. This requirement to tie into the IRCHCN may be
waived by the county surveyor for subunits or replats of plats that have already
been tied into the IRCHCN.
c. Ties to government corners and to IRCHCN monuments shall conform to FGCC
Third Order Class I standards and shall be so certified on the face of the plat
under the certificate of surveyor.
11. A location sketch showing the existing zoning and land use classification of the
subject site and,of the adjacent property;
12. All adjacent property identified by the subdivision name, plat book and page number;
if not platted, so state;
13. Boundary lines of the subdivided tract shown as a heavy line;
14. County and city limit lines within or abutting the tract;
15. Permanent reference monuments and permanent control point locations as prescribed
in Chapter 177, Florida Statutes; and installed prior to submission of final plat;
16. Survey data including all pertinent dimensions;
17. Lot and block identification. Each lot and each block shall be identified;
18. Street names;
19. The location and width of all existing or recorded streets intersecting or contiguous
to the boundary of the plat by bearing and distances;
20. "Not included" parcels to be labelled "not a part of this plat";
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21. The intended use of all reserved areas shall be shown on the plat;
22. All areas within the plat boundaries labelled as either lots, rights-of-way, or tracts.
The use and maintenance responsibilities of all tracts shall be noted on the plat;
23. All easements including limited access easements shall be graphically depicted and
dimensioned;
24. The following statements shall be noted on the plat in a prominent place:
"Notice: No construction, trees or shrubs will be placed in easements without county
approval,"
"Notice: There may be additional restrictions that are not recorded on this plat that
may be found in the public records of this county";
"Notice: Routine maintenance (e.g. mowing, etc.) of easements shall be the
responsibility of the lot/property owner(s) and not Indian River County," and
"Notice: Property owners are prohibited from planting any Caribbean fruit fly and
Asian Citrus psyllid (citrus greening) host plants as specified herein and are required
to remove the same if any exists: Cattley Guava, Common Guava, Loquat, Rose
Apple, Surinam Cherry, Orange Jasmine, and Chinese Box Orange."
25. An thfee ineh by five ineh eight inch long by two and one-half inch tall space
with a minimum four inch long line for the Clerk's file number (CFN) shall be
provided in the upper righthand corner of each sheet to be used by the clerk of the
circuit court for recording information. The following shall be depicted within said
space:
PLAT BOOK:
PAGE:
DOCKET NUMBEIR1. CLERK'S FILE NUMBER (CFN):
26. No strip or parcel of land reserved by the owner unless it is of sufficient size to be of
some particular use or service or is environmentally sensitive; and
27. The boundary of the final plat having a mathematical error of closure not greater than
.01 foot. Any plat undertaking to establish a local tidal datum and determine the
location of the mean high water line or mean low water line shall comply with the
notification requirements of Florida Statutes Section 177.37;.
28. All subdivisions abutting the Atlantic Ocean shall provide a note on the final plat
which states that individual or shared private beach accesses, must comply with all
standards of Chapter 932.
29. Information required by applicable Chapter 971 regulations for either "subdivisions
with special sideyards" projects or "small lot single-family subdivision" projects.
SECTION #4:
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Amend LDR Section 913.07 (6)(F)3; as follows:
(F) Certifications.
3. Certificate of title. A title certification shall appear on the face or first page of each
plat and shall state:
a: The lands as described and shown on the plat are in the name of, and apparent
record title is held by, the person, persons, or organizations executing the
dedication;
b. That all taxes have been paid on said property as required by Section 197.192,
Florida Statutes, as amended; and
c. The official record book and page number of all mortgages, liens, or other
encumbrances against the land, and the names of all persons holding an interest
in such mortgage, lien or encumbrance.
The title certification shall be an opinion of a Florida attorney-at-law-er-e
file. The county reserves the right to require that the title certification be
brought current at the time of final plat approval.
SECTION #5:
Amend LDR Section 913.07 (6)(F)7, as follows:
7. Clerk's certification.
State of Florida
County of Indian River
-17 . .. . .........
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..... . .....
. .....
Minp
I. [Clerk's name], Clerk of Circuit Court and Comptroller of Indian River
County, Florida, do hereby certify that I have examined this plat of [subdivision
name] and that it complies with all the requirements of Chapter 177 of the Laws
of Florida, as amended. This plat filed for record this day of
, and recorded in Plat Book Page , Clerk's
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File Number (CFN) , in the office of the Clerk of the Circuit
Court and Comptroller of Indian River County, Florida.
Clerk's name, Clerk of Circuit Court and Comptroller of Indian River
County, Florida
By:
Deputy Clerk
SECTION #6:
Amend LDR Section 913.07 (6)(G), as follows:
(G) Review of final plat documents. The community development director or his designee
shall schedule all applications for review by the TRC, in the same manner as stated in
section 913.07(4)(F). The eler-k ,.r,.etwt and eounty sun,eyar- must ,-eview ,,,,, a fs prior- to
1. During review of a final plat submittal, if the County Attorney's Office reviewer
and/or the County Surveyor determine after a partial review that the submittal
is grossly deficient in meeting code requirements, then the County Attorney's
Office reviewer and/or the County Surveyor, in coordination with the reviewing
county planner, may issue a "stop review" determination and require the
applicant to prepare a new submittal for a second Technical Review Committee
review and meeting agenda.
2. Prior to scheduling a final plat for action by the Board of County Commissioners,
the Clerk of Court and County Surveyor must review the final plat molar for
compliance with applicable codes and statutes.
SECTION #7:
Amend LDR Section 913.10, Security for construction and for maintenance of required
improvements, 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 required improvements
remaining to be constructed. Fee- residential s„t..divisiens rt..aets for enstr-,e fie,, e
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(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 eeuaty engine
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. 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 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 layer 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 one hundred twenty-five (125) percent 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 eounty engineer- Public Works Director. 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 two (2) years from project'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 sixty (60) days prior to turnover to a
homeowners' association, whichever occurs first.
(G) As a voluntary option for posting security, a developer may post a letter of credit
that initially secures a contract for construction of remaining required
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improvements and later, at the time a certificate of completion is issued, is
simultaneously released as construction security and re -designated as security for
warranty and maintenance obligations. At the time of re -designation the amount of
security may be reduced if approved by the Public Works Director in coordination
with the Utility Services Director. Warranty and maintenance and Bill of Sale
obligations secured under this option shall include water and sewer improvements
as approved by the Utility Services Director. This security option shall be executed
on forms and agreements acceptable to the County Attorney and shall be subiect to
the construction security and maintenance security regulations of section 913.10.
(GH) 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 a certificate of completion for required subdivision improvements, the
developer shall execute either a warranty and maintenance agreement as provided in
subsection (B) below or an agreement to defer the warranty and maintenance agreement
and posting of maintenance security as provided in subsection (C) below. In conjunction
with the execution of a warranty and maintenance agreement, the developer and/or its
contractor shall provide security guaranteeing the required road and drainage
improvements against all defects in workmanship or materials for the period of one (1)
year from the date of issuance of the certificate of completion. The one-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 a
separate 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 as approved by the Public Works
Director and, if covering water and/or sewer improvements for a Bill of Sale, as
approved by the Utility Services Director. Three (3) months prior to the end of the
maintenance period, the project engineer shall accompany the public works department
on an inspection of the required project road and drainage improvements. Based on the
inspection, the public works department shall determine if the required road and drainage
improvements are properly functioning and in good repair or if deficiencies exist that
require correction. If deficiencies are found and are not corrected by the end of the
guarantee period, the Board of County Commissioners may call upon the maintenance
security as provided below in subsection 913.10(3).
Maintenance 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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3. A maintenance bond underwritten by a security insurer with an A.M. Best's rating of
A -VI 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 guarantee period. Security for required road and drainage improvements shall run to the
benefit of Indian River County.
Prior to the county maintenance inspection of required road and drainage improvements, the
county shall notify subdivision residents of the inspection. Notice may be provided by sign
posting, mail, flyers, or advertisement.
At the end of the guarantee period, the public works director may release the posted 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
eeufAy engineer Public Works Director that required road, drainage, and sidewalk
improvements meet applicable county performance standards.
(C) The developer (owners) and the county may agree to defer execution of a warranty and
maintenance agreement and posting maintenance security at the time of issuance of a
certificate of completion if the following criteria are met:
1. The road and drainage improvements that are the subject of the deferral are not
needed to serve existing project residents.
2. The developer (owners) defines the "deferral area" and agrees to not sell any
lots/units or obtain any building permit for construction within_ the deferral area until
a warranty and maintenance agreement is executed and maintenance security is
posted for road and drainage improvements within the deferral area.
3. The agreement is in a form acceptable to the county attorneys office, and is structured
as a covenant that cannot be terminated or modified without county approval.
4. The agreement/covenant is recorded in the public records.
(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
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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.
(C) There shall be no reduction in the amount of security posted for residential subdivisions
except for sidewalk improvements as provided in section 913.09(5)(b)2.c.
(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 #8: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect
and be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #9: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #10: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION #11: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 2nd day of September-, 2018, for a
public hearing to be held on the 18thday of September, 2018, at which time it was moved for
adoption by Commissioner zorc , seconded by Commissioner F1 _-,cher , and adopted
by the following vote:
Chairman Peter D. O'Bryan AYE
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Vice Chairman Bob Solari AYE
Commissioner Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance duly passed and adopted this 18th d4 Mrss/'••,
September , 2018. ` J`a� • • otic,:
BY: 4:*
Peter D. O'Brya hairmaji : 's
Qr
ATTEST: Jeffrey R. Smith, Clerk of Court and Coii3°o1i ` IS,: -
•'•9�'ER COUN:•"••.
BY:
Deputy Clerk
This ordinance was filed with the Department of State on the following date: September 19, 2018
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
�p Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
-/'X' U
Stan Boling, AIC V
Community Development Director
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