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Home My WebLink About12-002ORDINANCE NO. 12-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMEN DING SECTION 11.04.00 GUARANTEES AND SU RETIES TO PROVIDE FORA FORM LETTER OF CREDIT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has madethefollowing determinations: 1. On August 1, 1990, the board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie county Land Development Code, through the following Ordinances: 91-003 March 14, 1991 91-009 May 14, 1991 91-021 November 7, 1991 92-017 June 2, 1992 93-001 February 16, 1993 93-003 February 16,1993 93-005 May 25, 1993 93-006 May 25, 1993 93-007 May 25, 1993 94-007 June 22, 1994 94-018 August 16, 1994 94-021 August 16, 1994 95-001 January 10, 1995 96-010 August 6, 1996 97-001 March 4, 1997 97-009 October 7, 1997 97-003 September 2, 1997 99-001 February 2, 1999 99-002 April 6, 1999 99-003 August 17, 1999 99-004 August 17, 1999 9-005 July 20, 1999 99-005 July 20, 1999 99-015 July 02, 1999 99-016 September 7, 1999 99-017 September 7, 1999 99-018 November 2, 1999 00-010 June 13, 2000 00-011 June 13, 2000 00-012 June 13, 2000 00-013 June 13, 2000 01-003 December 18, 2001 02-005 June 24, 2002 02-009 March 5, 2002 02-020 October 15, 2002 02-029 October 15, 2002 03-005 October 7, 2003 04-002 January 20, 2004 04-007 April 20, 2004 04-033 December 7, 2005 05-001 March 15, 2005 05-003 August 2, 2005 05-004 August 2, 2005 05-007 January 18, 2005 05-013 November 8, 2005 05-016 August 16, 2005 05-023 September 20,2005 06-005 April 18, 2006 06-013 June 6, 2006 06-022 July 18, 2006 Straekthreash passages are deleted. -1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3690323 04 03 2012 at 03 36 PM OR BOOK 3376 PAGE 3490 - 2494 Doc i ype: ORDN RECORDING: $44.00 06-017 May 30, 2006 06-030 September 12, 2006 07-011 February 6, 2007 07-018 December 18, 2007 07-041 September 4, 2007 08-008 June 17, 2008 08-025 September 14, 2008 09-007 September 1, 2009 09-013 May 5, 2009 10-003 February 2, 2010 10-034 November 9, 2010 11-005 February 1, 2011 11-015, April 19, 2011 11-021 August 2, 2011 06-018 May 30, 2006 06-047 December 5, 2006 07-015 May 1, 2007 07-032 November 6, 2007 08-004 March 11, 2008 08-012 September 12, 2008 09-003 January 20, 2009 09-012 May 19, 2009 09-025 October 6, 2009 10-026 September 7, 2010 10-036 December 21, 2010 11-012 August 2, 2011 11-017 June 21, 2011 3. On January 19, 2012, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On January 19, 2012, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the proposed ordinance. 4. On February 7, 2012, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on January 27, 2012. 5. On February 21, 2012, this Board continued its second public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on February 8, 2012, to March 20, 2012. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: 11.04.00. GUARANTEES AND SURETIES 11.04.1 Generally. A. No changes. B. No changes. C. Amount and Type of Security. ~ea6Fr passages are deleted. -2- Underlined passages are added. 1. The amount of the security listed in the Improvement Agreement shall be reviewed and approved by the Public works Director, based on certified cost information provided by the applicant. 2. Subject to the approval of the County Attorney, the following types of security arrangements may be used to secure the developer's obligations in the Improvement Agreement: a. Cashier's check b. Certified check c. Developer/lender/County agreement d. Interest bearing certificate of deposit e. Clear irrevocable letters of credit in the form approved by the County Attorney, dated November 14, 2011, or as amended by the County Attorney. f. Surety bond 3. For all required developer-installed improvements that are proposed for dedication to any recognized unit of local government in the State of Florida, the amount of security shall be one hundred and fifteen percent (115%) of the total costs for the required improvements. The amount of security may be reduced commensurate with the completion and final acceptance of required improvements, in accordance with the provisions of Section 11.04.01(8)(7). In no case, however, shall the amount of the bond be less than one hundred and fifteen percent (115%) ofthe cost ofcompleting the remaining required improvements. For all required developer-installed improvements that are not proposed for dedication to any recognized unit of local government in the State of Florida, the amount of security shall be one hundred percent (100%) of the total costs for the required improvements. The amount of security maybe reduced commensurate with the completion and final certification of the required improvements, in accordance with the provisions of Section 11.04.01(8)(7). In no case, however, shall the amount of the bond be less than one hundred percent (100%) of the cost of completing the remaining required improvements. D. No changes. No changes. No changes. PART B. CONFLICTING PROVISION. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Struck-throersh passages are deleted. -3- Underlined passages are added. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky AYE Vice Chairman Tod Mowery AYE Commissioner Paula A. Lewis AYE Commissioner Chris Craft AYE Commissioner Frannie Hutchinson AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through J shall not be codified. PASSED AND DULY ADOPTED this 20th day of March 2012. ,, , BOARD OF COUNTY OMMISSIQ~IIERS ,~" `~.;: ATTEST: r~ " , ST. LUCIE COU TY F R =.,` `' ~~. j ~ ~ n "~:k 1 ' ~~ '~;~ ~, Deputy Clerk ~ - " Chair an '-; ,."~ - ~ ~ ~~ r: t ; s ;,b Y~ Strneirthrea~h passages are deleted. ,~~~ ^~~, '4' Underlined passages are added. 'Qr.. i v. ~~^ K. .. APPROVEDrA~S TO FORM AND BY: County Atto 5haekthrea~h passages are deleted. _5_ Underlined passages are added. ~h .o F~ a L. "~ %. ~ w~ ,, ,, ,,~, FLORIDA DEPARTMENT Of .STATE x RICK SCOTT Governor October 13, 2014 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Sue Korunow Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 12-002, which was filed in this office on October 13, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/Ib R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us