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Home My WebLink AboutO-97-41ORDINANCE NO. O-97-41 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-18.2., 20A-18.3., 20A-18.4., 20A-18.5., AND 20A-18.7. OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO THE CONSTRUCTION OF REQUIRED IMPROVMENTS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY ENGINEER AND CITY CLERK; 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 required improvements by substituting Community Development Director for City Engineer and City Clerk; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best imerests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-18.2. of the Land Developmem Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-18.2. Administration of construction. ***** A. Surveillance by City Engineer. Construction shall be performed under the surveillance of, and shall at all times be subject to, review by the city engineer through the Public Works Department, However, this in no way shall relieve the applicant and his engineer of the responsibility for close field coordination and final compliance with the approved plans, specifications and the requirements of this ordinance. Construction administration by Florida registered engineer. The applicant shall employ a Florida registered engineer for complete administration of the construction of the required improvements. The applicant shall require progress reports and final certification of the construction of the required improvements from such engineer be filed with the city engineer through the Public Works Department. Right to enter. The city engineer through the Public Works Department or his duly authorized representative shall have the right to enter upon the property for the purpose of inspecting the quality of materials and workmanship and reviewing the construction of required improvements during the progress of such construction. Progress reports. The applicant's engineer shall submit construction progress reports at point of progress prescribed by the city engineer through the Public Works Department. The applicant's engineer shall coordinate joint reviews of the construction with the city engineer through the Public Works Department. Stop work orders. The city engineer through the Public Works Department shall have the authority to stop the work upon failure of the applicant or his engineer to coordinate the construction of the required improvements as prescribed by this ordinance. Final in.spectionx. Upon completion of the required improvements the applicant's engineer shall give the city engineer through the Public Works Department not less than three (3) working days' notice to make the final inspection of the required improvements, landscaping, and sign installations. The Community Development Director shall also have the authority to withhold or deny approval of certificates of occupancy relative to buildings and/or structures of a subdivision until the construction and installation of required improvements of that subdivision have been satisfactorily completed in accordance with the land development regulations as prescribed by this ordinance as determined by the city engineer through the Public Works Department. Section 2. Section 20A-18.3. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-18.3. Measurement and tests. During construction, the applicant's engineer shall make such measurements, field tests and laboratory tests or cause them to be made to certify that the work and materials conform with the approved development plans and the provisions of this ordinance. The city engineer through the Public Works Department may require, at his discretion, tests and measurements which he deems necessary and which shall be performed at the expense of the applicant or his engineer. Section 3. Section 20A-18.4. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-18.4. Completion certificate. The required improvements shall not be considered complete until a completion certificate along with the final project records, including as-built drawings, have been furnished to, reviewed and approved by the city engineer through the Public Works Department. The certificate shall be certified by the applicant's engineer stating that the required improvements were installed under his responsible direction and that the improvements conform with the approved construction plans and this ordinance. The applicant's engineer shall also furnish a copy of each of the construction plans on a high quality, durable reproducible material acceptable to the city engineer through the Public Works Department, showing the original design in comparison to the actual finished work and a copy of the measurements, tests and reports made on the work and material during the progress of the construction. Section 4. Section 20A- 18.5. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-18.5. Conditions for release of developer from bond. As a condition for the final release of the developer from his bond, or for the release of any cash securities deposited with the community development director, the following must be furnished: 4. The submission by the developer's engineer to the city engineer through the Public Works Department of a complete set of as-built drawings together with operating manuals and parts lists for any mechanical installations made; Section 5. 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. Workmanship and material agreement. agreement guaranteeing the required The applicant shall execute an improvements against defect in workmanship and materials for one year after acceptance of such improvements by the city council. Said agreement shall be submitted to the city engineer through the Public Works Department along with the completion certificate and project records. Procedure for accepting dedications. The dedication of public space, parks, streets, rights-of-way, easements or the like on the plat shall not constitute an acceptance of the dedication by the city. The applicant shall apply to the Community Development Director for acceptance of required improvements by the city council. The acceptance of the dedication shall be subject to the inspection and approval of the city engineer. Such acceptance shall occur only upon adoption of resolution by the city council which shall accept the subject dedications at such time as all improvements meet or exceed the standards set forth by this ordinance. The applicant's engineer shall furnish to the city engineer through the Public Works Department in writing a sealed and signed certificate stating that the required improvements have been completed in accordance with the approved plan therefor and comply with this ordinance and all other applicable codes. ***** Acceptance by the city council. Upon recommendations by the city engineer through the Public Works Department and the Community Development Director, the city council by resolution shall approve the subdivision, the dedications on the plat and the maintenance of responsibilities of the required improvements. Developer's failure to complete required improvements: I. Premature Recording of Plats. 2. In cases where plant has been recorded When a plat has been recorded and the applicant fails to complete the required improvements as required by this ordinance, the city council shall complete the required improvements under the guarantees provided by the applicant. In such case, the city council shall direct the city engineer through the Public Works Department to call upon the guarantees to secure satisfactory completion of the required improvements. Legal notice of such action shall be deemed to have been duly served upon posting via certified mail, return receipt requested. Upon the completion of construction of the required improvements, the city engineer through the Public Works Department shall report to the city council and the city council shall accept by resolution the dedications and maintenance responsibility as indicated on the plat. In such cases, the remaining guarantees posted by the applicant shall be retained for a period of one year after completion in lieu of the agreement. Any defects occurring during this period shall be repaired using funds remaining in the guarantee. Section 6. 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 7. CONFLICT. All other Ordinances or pans of Ordinances, Resolutions or pans of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 8. SEVERABILITY. If any clause, section, or other pan or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid pan or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 9. 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, THIS DAY OF V,,;~]d/.o, ,~,.~ , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS~_~DAY OF ~2.,X_g~..., , 1997. The foregoing Ordinance was moved for adoption by Councilmember (_~'_gz,,z'z..~?~' The motion was seconded by Councilmember ~'-~,,~.~f~ · and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwright 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 ATTEST: Kathryn ~i C,..S!..alloran, CMC/AAE -(Seal) -__ ,. Appr~9'ed'as tc~F~ and Content: Valefie Settl6a" City Attorney