Item 7B - Ordinance 95-15-112AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Maintenance Bond Code
Jeremy Hubsch ~
Building and Zoning Director 7 ' •
September 28, 2015
AGENDA ITEM# 7B
OCTOBER 26, 2015
Whenever the City accepts public improvements in a subdivision, Section 24-233 requires a
maintenance bond for 1 00% of the cost of improvements. The maintenance bond is to cover the
cost of accepted improvements for a year. It essentially acts as an insurance policy for the City
shall any construction defaults occur.
It has come to the City's attention during recent developments that requiring a 100%
maintenance bond is not in line with many other municipalities. CmTently, Atlantic Beach and
Jacksonville Beach are the only municipalities that require the full100%. Neptune Beach, St.
Johns County, Nassau County and Putnam County only require 15% ofthe cost of
improvements. Clay County and Flagler County require 10%. The City of Jacksonville is
negotiable.
Public Works Director Doug Layton believes that 15% is sufficient to cover the improvements
that the city accepts. The city reviews plans and conducts inspections on work that is accepted.
Mr. Layton believes it is unlikely that if there are constructions defects or issues, they will cost
the full 100% of the entire project to repair.
At the July 21st Community Development Board Meeting, the CDB voted 5-0 to recommend that
the City Commission reduce the required maintenance bond from 100% to 15%. Staff has
drafted a proposed ordinance which amends section 24-233 to reflect the CDB's
recommendation.
BUDGET: None.
RECOMMENDATION: Approve Ordinance 90-15-112
ATTACHMENTS: Proposed Ordinance 90-15-112; Copy of Public Notice
REVIEWED BY CITY MANAGER:
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 26, 21U5
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, Article IV ofthe 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
Page 1 of2
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 court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this 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.
PASSED 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 correctness:
RICHARD KOMANDO
City Attorney
ORDINANCE NO. 95-15-112
Page 2 of2
NOTICE OF ZONING CODE
(LAND DEVELOPMENT REGULATIONS)
TEXT CHANGE
The City of Atlantic Beach proposes to adopt
Ordinances:
ORDINANCE No. 90-15-111
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, FLORIDA, AMENDING CHAPTER 24,
ARTICLE II OF THE CODE OF ORDINANCES, LAND
DEVELOPMENT CODE, TO AMEND SECTION
24-84, DOUBLE FRONTAGE LOTS; AMENDING
SECTION 24-161, OFF-STREET PARKING
AND LOADING; AMENDING SECTION 24-177
BUFFER DESIGN STANDARDS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
ORDINANCE No. 90-15-112
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.
Public hearings will be held by the City
Commission on:
October 26th and November 9th 2015
at
6:30PM
and
Community Development Board on:
October 27th 2015
at6:00 PM
in Commission Chambers at
800 Seminole Rd.
Atlantic Beach FL. 32233
The public may inspect the proposed
ordinances at City Hall and may be heard
at the public hearings.
AGENDA ITEM# 7B
OCTOBER 26, 2015