07-005
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1 ORDINANCE NO. 07 - 005-
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4 AN ORDINANCE OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING CHAPTER 5, ARTICLE V, SECTION 2A2,
7 CHAPTER 6, ARTICLE V, SECTION 7, AND ARTICLE
8 VI, SECTIONS 1 & 3, TO CLARIFY THAT ALL
9 PUBLIC AND PRIVATE DEVELOPMENT IS SUBJECT
10 TO SURETY REQUIREMENTS, AND AMENDING
11 CHAPTER 7, ARTICLE I, SECTION 2(A), ALL
12 CONTAINED IN THE LAND DEVELOPMENT
13 REGULATIONS, CLARIFYING THE APPLICABILITY
14 AND DELINEATION OF THOSE TASKS THAT
15 REQUIRE SURETY IN LAND DEVELOPMENT;
16 PROVIDING FOR CONFLICTS, SEVERABILITY,
17 CODIFICATION AND AN EFFECTIVE DATE.
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20 WHEREAS, the City Commission finds that the above titled code references
21 regarding surety requirements for land development projects needs to be clarified and
22 defined clearly; and
23 WHEREAS, the City Commission has noted that other chapters in the Land
24 Development Regulations (LDR) [Chapters 5, 6, 7.5, 8 and 22] require surety for those
25 applicable items noted within each respective chapter, but not in total of all of the
26 components that effect land development projects.
27 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and incorporated
30 herein by this reference.
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Section 2.
Chapters 5, 6 & 7 of the LDR are hereby amended as follows:
LAND DEVELOPMENT REGULATIONS
CODE OF ORDINANCES, PART III
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* * *
CHAPTER 5
PLATTING
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ARTICLE V. PLAT PREPARATION AND APPROVAL
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Sec. 2. Submission of final plat.
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A.2. Surety guaranteeing that all work required whether public or private, that ',vill
not be construoted, ovmed and maintained in perpetuity by the de'reloper and his stlecessor
and/or assigns will be completed in full accordance with the plat and approved construction
plans; with all conditions attached thereto; and with Boynton Beach Land Development
Regulations, pro'rided that no surety is required for sev,'age collection and transmission
systems, water distribution systems and transmission systems '.vhich will be eonyeyed to the
city upon completioB. of their construction. Surety for required utility system improvements
shall be coordinated directly with the Utilities Department, whether they will remain private
or conveyed to the city upon completion of their construction. Surety shall be substantially
in the form and amount delineated in Chapter 7; and
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CHAPTER 6
REQUIRED IMPROVEMENTS
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ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS
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Sec. 7. Obtaining Certificates of Occupancy.
No Certificates of Occupancy will be issued for buildings in the platted subdivision
until all required improvements are completed, approved and/or tm6: accepted by the City,
except that a developer may, at his option, post additional 110% surety in compliance with
Chapter 7 for work which may be more prudently put in place subsequent to building
construction such as sidewalks and landscaping. Certificates of Occupancy will not be
issued for the final ten (10) percent of the buildings until such work is approved and/or
accepted by the city as completed.
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ARTICLE VI. ACCEPT ANCE AND MAINTENANCE OF REQUIRED
IMPROVEMENTS
Sec. 1. Workmanship and material agreement.
The developer shall execute and deliver to the city a cash bond or other acceptable
surety in an amount determined by the city engineer, guaranteeing the required
improvements whether public or private, that are dedicated to the public f-or against defect in
workmanship and material for one (1) year after acceptance of such improvements by the
City Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the city
simultaneously with the satisfactory delivery of the documents required in Article V, Section
5, of this chapter.
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Sec. 3. City completion of required improvements.
When a plat has been recorded and the developer fails to complete the improvements
required by this ordinance, the City Commission may, at it's option, complete the publicly
or privately owned and maintained improvements or restore the site to its original condition
under the guarantees provided by the developer. In such case, the City Commission shall
direct the city engineer to call upon the guarantees as outlined in Chapter 7, Article I,
Section 2, paragraph D.
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CHAPTER 7
SURETY
ARTICLE I. IN GENERAL
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Sec. 2.
Applicability
A.
When required.
Whenever surety is required within the Boynton Beach Code of Ordinances
and/or Land Development Regulations it shall be provided in the form and manner
prescribed in Section 3 hereinafter. The type of surety shall be determined by the
administrator of the code section involved, and shall be acceptable to the Boynton
Beach City Attorney. Required improvements shall include all those items stipulated
in Chapter 6, Article III of the LDR including restoration of the lands disturbed by
said improvements. Surety for required utility system improvements shall be
coordinated directly with the Utilities Department, whether they will remain private
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or converyed to the city upon completion of their construction. It shall also include
any off-site areas disturbed to install any improvements required by the project.
Surety shall be required for improvements associated with all planned developments,
to wit, PCDs, Pills, PUDs, etc.
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Section 3.
Each and every other proVISIOn of said chapters, not herein
9 specifically amended shall remain in full force and effect as previously enacted.
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
11 same are hereby repealed.
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Section 5.
Should any section or provision of this Ordinance or portion hereof,
13 an paragraph, sentence or word be declared by a court of competent jurisdiction to be
14 invalid, such decision shall not affect the remainder of this Ordinance.
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Section 6.
Authority is hereby granted to codify this said Ordinance.
Section 7.
The Ordinance shall become effective immediately after passage.
{REMAINDER OF PAGE INTENTIONALLY LEFf BLANK}
II
1 FIRST READING this ~ day of FekrUAr1' 2007.
2 SECOND, FINAL READING AND PASSAGE this ~ day of MA/U!.tI ,
3 2007.
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22: . ATTEST:
;~ I !~ 'tn. PIio.:v..do
;~ Ci Clerk
27i I
2811
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CITY OF BOYNTON BEACH, FLORIDA
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