A. Review for Compliance
B. Phasing of Development
The phasing of development is allowed as part of approval of a Site Plan (Section 155.2407) in accordance with the following standards.
1. Phasing Criteria
Phasing of approved development shall be in keeping with an approved phasing plan that shows phase boundaries and describes included development and improvements in accordance with the following criteria:
a. The numbering of phases shall be sequential and coincide with the order in which the different development phases are proposed to be constructed.
b. Each phase shall be designed to include all improvements and other aspects of development necessary to meet all requirements of this Code and other applicable regulations, either as a stand-alone development or in conjunction with completed and accepted phases of the same development.
2. Temporary Measures
A phasing plan may include installation of temporary measures as necessary to allow a particular phase to meet the phasing criteria in subsection 1 above, provided the Zoning Compliance Permit authorizing the temporary measures shall be valid for one year and be accompanied by the provision of a performance guarantee and a maintenance guarantee for the temporary measures in accordance with Section 155.5901.C, Performance Guarantees, and Section 155.5902.B, Maintenance Guarantees.
1. General
A performance guarantee in accordance with the standards in this section shall be required in the following circumstances:
a. To ensure completion of public infrastructure improvements that are required as part of approval of a Site Plan (e.g., streets, sidewalks, stormwater management facilities, potable water facilities, wastewater facilities, streetlights), but are not installed before application for a Building Permit (See Section 155.5901.C, Performance Guarantees.);
b. To ensure completion of private site improvements (other than landscaping) that are required as part of approval of a Site Plan (e.g., sidewalks, exterior lighting), but are not installed before application for a
Certificate of Occupancy
(See Section 155.5901.C, Performance Guarantees.)—provided that the Development Services Director determines that the property may be safely occupied and used pending the delayed installation of the improvements;
c. To ensure completion of landscaping that is required in accordance with Section 155.5203, Landscaping, but is not installed before issuance of a
Certificate of Occupancy
(in conjunction with the grant of an extension to the time limit for installation of required landscaping (See Section 155.5203.B.4, Time for Installation of Required Landscaping.)).
2. Term of Performance Guarantees
The term of a performance guarantee shall reflect any time limit for completing installation of required improvements that is included in approval of the Final Plat, Building Permit, or
Certificate of Occupancy
, as appropriate, but in any case, the term shall not exceed two years. The Development Services Director may, for good cause shown and with approval of the provider of the guarantee, grant up to two extensions of the term, with each extension not exceeding one year.
3. Form of Performance Guarantee
a. Where required, the owner or developer shall furnish a performance guarantee in any of the following acceptable forms:
i. Cash deposit with the city;
ii. Certified check from a Florida lender based upon a cash deposit, in a form acceptable to the City Attorney;
iii. Irrevocable letter of credit from a Florida banking institution in a form acceptable to the City Attorney; or
iv. Surety bond from a Florida surety bonding company in a form acceptable to the City Attorney.
b. The performance guarantee shall be conditioned on the performance of all work necessary to complete the installation of the required improvements within the term of the performance guarantee. Performance guarantees shall provide that in case of the owner's or developer's failure to complete the guaranteed improvements, the city shall be able to immediately obtain the funds necessary to complete installation of the improvements.
4. Amount of Performance Guarantee
a. Performance guarantees for required improvements shall be in an amount equal to a minimum of 125 percent of the estimated full cost of completing the installation of the required improvements, including the costs of materials, labor, and project management.
b. Estimated costs for completing installation of required public infrastructure improvements shall be itemized by improvement type and certified by the owner's or developer's licensed professional engineer, and are subject to approval by the Development Services Director. Estimated costs for completing installation of required landscaping shall be itemized and certified by the owner's or developer's licensed landscape architect, and are subject to approval by the Development Services Director.
c. If the guarantee is renewed, the Development Services Director may require the amount of the performance guarantee be updated to reflect cost increases over time.
d. The amount of a performance guarantee may be waived or reduced by the City Commission where the improvements are being installed with federal funds or in other circumstances where similar third-party assurance of their completion exists.
5. Release or Reduction of Performance Guarantees
a. Requirements for Release or Reduction
The Development Services Director shall release or reduce a performance guarantee only after:
i. The owner or developer has submitted to the Development Services Director a written request for a release or reduction of the performance guarantee that includes certification by the owner's or developer's engineer or landscape architect, whichever is appropriate, that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications;
ii. The Development Services Director has performed an inspection of the improvements and certified in writing that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications;
iii. The owner or developer has reimbursed the city for all costs associated with conducting any inspection that finds the guaranteed improvements have not been installed in accordance with approved plans and specifications;
iv. The owner or developer has provided the Development Services Director assurances that liens against guaranteed public infrastructure improvements will not be filed after their acceptance by the city (e.g., through affidavits, releases, or waivers of liens from all contractors and subcontractors); and
v. The owner or developer has provided the Development Services Director any required maintenance guarantee for the same public infrastructure improvements.
b. Limits on Reductions
No performance guarantee for public infrastructure improvements (including street trees planted within a public right-of-way) shall be reduced to less than 50 percent of the full amount of the performance guarantee until all guaranteed public infrastructure improvements have been completed by the owner or developer. No performance guarantee for required landscaping or other private site improvements shall be reduced to less than 75 percent of the full amount of the performance guarantee, until all guaranteed private site improvements have been completed by the owner or developer.
c. Releases Shall be Recorded
The city shall provide written notice and record all releases of performance guarantees, or in the alternative, shall record a notice of the city's final acceptance of the public infrastructure improvements in the Broward County Records Division.
6. Default and Forfeiture of Performance Guarantee
a. Notice of Failure to Install or Complete Improvements
If the owner or developer fails to complete installation of the guaranteed improvements within the term of the performance guarantee (as may be extended), the Development Services Director shall give the owner or developer 30 days written notice of the default by certified mail.
b. City Completion of Improvements
After the 30-day notice period expires, the city may draw on the security and use the funds to perform work necessary to complete installation of the guaranteed improvements. After completing such work, the city shall provide a complete accounting of the expenditures to the owner or developer and, as applicable, refund all unused security deposited, without interest.
(Ord. 2012-64, passed 9-11-12)