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07-005 II 1 ORDINANCE NO. 07 - 005- 2 3 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. 18 19 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: 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 herein by this reference. 31 32 33 34 Section 2. Chapters 5, 6 & 7 of the LDR are hereby amended as follows: LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 * * * CHAPTER 5 PLATTING * * * ARTICLE V. PLAT PREPARATION AND APPROVAL * * * Sec. 2. Submission of final plat. * * * 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 * * * CHAPTER 6 REQUIRED IMPROVEMENTS * * * ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS * * * 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. II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. * * * 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. * * * CHAPTER 7 SURETY ARTICLE I. IN GENERAL *** 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 10 " 1 2 3 4 5 6 7 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. 8 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. 12 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. 15 16 17 18 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. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19i 201 21 j 22: . ATTEST: ;~ I !~ 'tn. PIio.:v..do ;~ Ci Clerk 27i I 2811 I CITY OF BOYNTON BEACH, FLORIDA I ;..- ---j ,~ -----"