Item 7B Ordinance 95-15-112AGENDA ITE M:
SUBMITTED BY:
BA C KGROUND:
C ITY OF ATLANTIC BEAC H
CrTY C OMMISSION MEETING
STAFF REPORT
M Hi nt ena nce Bond Code
J ere my Hub sc h /7t7J
Building and Zo ni ng Direc to ry ~
Se ptemb er 2 8, 2 0 15
AGENDA ITEM # 78
O CTOBE R 12,2015
Wh eneve r th e City acce pts public impr ove ment s in a subdi visio n, Secti on 24-233 req uires a
mai ntcnance bond for 1 00 % of th e cos t of improve ment s . Th e mainten ance bond is to cove r th e
cos t of acce pted im p ro ve ments for a yea r. It esse nti all y ac ts as an in s ura nce poli cy for th e C ity
shall any constru cti on de fault s occ ur .
It has co me to th e C ity's attenti on durin g recent deve lop me nt s th at requirin g a 100%
ma int e nance bond is not in lin e with many oth er muni cipalities. Currentl y, Atlanti c Beach an d
Jacksonv ill e Beac h are th e onl y muni c ip a li ti es th a t requi re th e f ul11 00%. Neptune Beac h, St.
Jolm s Co unty, Nassa u Co unty and Putn a m County only require 15% o f (h e cos t of
impro vement s . Clay Co unt y and Fla g le r Co unt y req uire 10 %. The C ity o f Jac kson v ill e is
ne go ti a bl e .
Publi c Works Director Doug L ay ton beli eves th at I 5% is surticient to cover th e improve ment s
th at th e cit y acce pt s. Th e city reviews pl ans and co ndu cts in spections on wo rk that is accepted .
Mr. Layt on be li eves it is unli ke ly th at if th ere are co nst ru cti ons de fect s or iss ues, th ey wi ll cos l
th e full 100% of th e e ntire proj ect to repa ir.
At th e J uly 2 1 ~1 Co mmunit y Develop ment Boa rd Meetin g, th e COB vo ted 5-0 lo recomm end that
th e C it y Co mmi ss ion redu ce the required ma int enanc e bond fr o m 10 0% to I 5%. Staff has
dra ll ed a proposed ordin ance whi ch ame nd s section 24-233 lo re fl ec t th e COB 's
reco m rn c nd a li on.
llUD G ET: Noue.
REC OM M ENJ)A'J'ION: Approve Ordi11 ancc 90 -15-112
ATTACHMENTS: Proposed Ord i nance 90-15-11 2
REVIEWED BY C ITY MANAG E R:
ORDINANCE NO. 95-15-112
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ARTICLE IV OF
THE CODE OF ORDINANCES, LAND DEVELOPMENT
CODE, TO AMEND SECTION 24-233, MAINTENANCE
SECURITY; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
AGENDA ITEM #7B
OCTOBER 12, 2015
WHEREAS, the City Commission of the City of Atlantic Beach, Florida seeks to reduce
the required maintenance bond for new subdivisions, the City finds that it is necessary to amend
Chapter 24, A1iicle IV of the Atlantic Beach Code of Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Section 24, Article IV of the Code of
Ordinances, specifically the Land Development Regulations, Section 24-233 of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
Sec. 24-233.-Maintenance security.
Where the city is requested to accept maintenance of any public improvement within the
subdivision, a maintenance bond in the amount of one hundred (1 00) fifteen (15) percent of the
construction cost of the improvements shall be filed with the city. Such bond shall provide that
the city shall be indemnified if the developer does not replace or repair any public improvements,
which are defective in materials or workmanship or which were not constructed in compliance
with the approved construction plans. The terms of the maintenance bond shall expire one (1)
year after acceptance for maintenance by the city unless the city serves written notice to the
developer that the improvements are defective in material or workmanship or were not
constructed in compliance with the approved construction plans within the one (1) year.
ORDINANCE NO. 95-15-112
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AGENDA ITEM # 7B
OCTOBER 12, 2015
SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of
any other ordinance, then the provisions of this ordinance shall govern.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any comi of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions ofthis ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this 12th day of October 2015.
PASS ED by the City Commission on second and final reading this 26th day of
October 2015.
ATTEST:
DONNA L. BARTLE
City Clerk
CAROLYN WOODS
Mayor, Presiding Officer
Approved as to form and conectness:
RICHARD KOMANDO
City Attorney
ORDINANCE NO. 95-15-112
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