Subject:
Title
Legislative Intent and Permission to Advertise Amendments to Chapter 62, Article VII, Division 2, Section 62-2844, entitled Performance Security, to allow the Public Works Director to release or reduce performance security, as appropriate, for the construction of improvements associated with subdivisions and plats upon issuance of a certificate(s) of completion.
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Fiscal Impact:
Overall, positive impact due to less staff time to prepare and review associated agenda items.
Dept/Office:
Public Works
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve legislative intent and permission to advertise amendments to Chapter 62, Article VII, Division 2, Section 62-2844, entitled Performance Security.
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Summary Explanation and Background:
Pursuant to Section 62-2844, Brevard County Code of Ordinances, the Board is responsible for releasing or reducing performance security (performance bond) for construction improvements associated with subdivisions and plats. Currently, upon recommendation from the County’s Development Engineer and the Public Works Department, the Board is presented with the request through an agenda report and can reduce the bond amount correspondingly for improvements that have received a certificate of completion.
The proposed Code amendment will increase efficiency by allowing the Public Works Department to handle such requests, but while still requiring the same supporting information and approvals from other County departments and governmental units for such improvements, including utility installations, roads, and drainage systems. The proposed ordinance changes will help reduce the wait time that developers are subject to as it relates to the process associated with reducing or releasing their respective performance bonds once the necessary development approvals have been obtained. In some cases, the proposed ordinance amendment will help reduce such wait times by weeks. It is important to note that such requests have not been denied in recent years, are not required by statute, are not done by most other local jurisdictions, and are a binary administrative decision of whether the work is complete or not, which the Public Works Department already certifies. Additionally, should a challenge or issue arise, staff will bring the matter to the Board for review and consideration.
The applicant is still required to post security for the maintenance of such improvements (maintenance bond) once the certificate of completion is issued.
Clerk to the Board Instructions:
Return a copy of this approval to the County Attorney’s Office and Public Works for further processing.