HomeMy WebLinkAboutO-97-40ORDINANCE NO. 0-97-40
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTIONS 20A-18.2., 20A-18.6.,
AND 20A-18.7. OF THE LAND DEVELOPMENT CODE
REGARDING PROCEDURES RELATING TO THE
CONSTRUCTION OF REQUIRED IMPROVEMENTS BY
PROVIDING THAT CONSTRUCTION MAY BEGIN AFTER
APPROVAL OF THE REQUIRED IMPROVEMENTS DESIGN, BY
AMENDING THE TIME EXTENSION PROVISIONS, AND BY
MODIFYING THE ACCEPTANCE AND MAINTENANCE OF
REQUIRED IMPROVEMENTS PROVISIONS; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to procedures relating to the construction of the required
improvements by permitting the constmction of the required improvements after the approval
of the required improvements design, by modifying the time extension provisions, and by
modifying the acceptance and maintenance of required improvements provisions; and
WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-I 8.2. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 20A-18.2. Administration of construction.
After approval of the required improvements design, an applicant may construct
the required improvements subject to obtaining all required permits. The city
engineer through the Public Works Department shall be notified in advance of the
date of commencement of such constructions:
Section 2. Section 20A-18.6. of the Land Development Code, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 20A-18.6. Time extensions.
All required improvements for a project for each phase thereof shall be completed
within twelve (12) months from the date of required improvements design
approval. Time extensions for demonstrated good cause may be granted by the
city council upon the recommendation of the city engineer through the Public
Works Department. The applicant shall present a written request for extension to
the city engineer through the Public Works Department. The City Council shall
consider the request at a meeting and may extend the prescribed time period up to
one twelve (12) month period if the City Council finds that the applicant has
progressed in good faith toward the implementation of the construction of the
required improvements.
Section 3. Section 20A-18.7. of the Land Development Code, City of Sebastian, Florida
is hereby amended to read as follows:
Sec. 20A-18.7. Acceptance and maintenance of required improvements.
C. Recommendation of city engineer through the Public Works Department. The
city engineer through the Public Works Department upon satisfactory
completion, receipt of the applicant's engineer's completion certificate,
affidavits from all contractors and others who furnished goods and services
for the required improvements acknowledging payment in full therefor and
receipt of the agreement, and a recommendation of approval of the City
Engineer shall certify that the applicant has complied with all of the
provisions of this ordinance and shall recommend to the city council the
acceptance of the dedications and, when applicable, the maintenance of the
required improvements.
Developer's failure to complete required improvements:
In cases where plan has not been recorded. Where an applicant
has elected to install the required improvements prior to approval of
and recording of the plat and fails to complete such improvements
within the time limitations of this ordinance, all approval of the
subdivision shall be null and void and the land shall revert to its
original state. No reference shall be made to the plat with respect
to the sale of lots or issuance of building permits, unless and until
the plat has been resubmitted with all of the supplementary material
and approvals as herein prescribed have been granted.
Section 4. CODIFICATION. It is the intention of the City Council of the City of
Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the
Land Development Code of the City of Sebastian, Florida, and that the sections of this
Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section 5. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 6, SEVERABILITY. If any clause, section, or other part or application of
this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in
no way affecting the validity of the rema/vJng portions or applications, which shall remain in full
force and effect.
Section 7. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997.
PASSED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, ON
FIRST READING, TH/S DAY OF /r-' a~' 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS ~'-DAY OF ,~/,,.~r_~_ , 1997.
Ordinance was moved for
The foregoing adoption by Councilmember
~'i~../ . The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Canwfight
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this~.~'day of
,1997.
CiTY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor