A. General Maintenance Requirement
When the standards and procedures of this Code are required by a development order issued in accordance with this Code, or conditions attached to any such development order require that any building or site feature be constructed or installed, the owner of the affected property shall be responsible for maintaining those building or site features in good repair, and for replacing them if they are damaged or destroyed or, in the case of living materials, if they die or are effectively destroyed after installation. In addition, property owners shall be responsible for each of the additional maintenance and replacement standards set forth in the various parts and sections of this article.
1. General
A maintenance guarantee in accordance with the standards in this section is required in the following circumstances:
b. To ensure the survival and health of landscaping that is required in accordance with Section 155.5203, Landscaping, during an establishment period; and
c. To ensure the survival and health of relocated trees, replacement trees, and trees subject to corrective action that are required in accordance with Section 155.5204, Tree Preservation, during a maintenance and monitoring period.
The term of a maintenance guarantee for public infrastructure improvements shall be two years from the date of acceptance. The term of a maintenance guarantee for landscaping shall be one year from the date the landscaping is installed. The term of a maintenance guarantee for relocated or replaced trees shall be one year from the date the trees are transplanted or planted, provided that such term shall be extended to cover a period of one year after the date any guaranteed tree is replaced during the original one-year term.
3. Form of Maintenance Guarantees
a. Where required, the owner or developer shall furnish a maintenance guarantee for the provision of required landscaping 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. A maintenance guarantee for public infrastructure improvements or landscaping shall be conditioned on the performance of all work necessary to maintain required public infrastructure improvements or landscaping during the term of the maintenance guarantee, including work needed to repair or replace infrastructure defects or replace plants that have died within the term of the maintenance guarantee.
c. A maintenance guarantee for relocated or replacement tree shall be conditioned on the performance of all work necessary to transplant or plant relocated or replacement trees and maintain them during the term of the maintenance guarantee, including work needed to replace relocated or replacement trees that have died or been effectively destroyed during the term of the maintenance guarantee.
d. Maintenance guarantees shall provide that in case of the owner's or developer's failure to maintain and repair or replace the guaranteed public infrastructure improvements or landscaping—or to transplant or plant and maintain the guaranteed relocated or replacement trees—during the term of the maintenance guarantee, the city shall be able to immediately obtain the funds necessary to make necessary repairs or replacements.
4. Amount of Maintenance Guarantees
a. Maintenance guarantees for public infrastructure improvements and landscaping shall be in an amount equal to at least 50 percent of the full actual cost, including the costs of materials and labor, of installing the required public infrastructure improvements or landscaping. Actual costs for installing required public infrastructure improvements shall be itemized by improvement type and certified by the owner's or developer's licensed professional engineer. Actual costs for installing required landscaping shall be itemized and certified by the owner's or developer's licensed landscape architect.
b. Maintenance guarantees for tree relocation, tree replacement, or corrective action for abused or damaged trees shall be in an amount determined based on Rule 14- 40.030, Florida Administrative Code, as amended.
c. The amount of a maintenance guarantee for required public infrastructure improvements or landscaping may be waived or reduced by the City Commission where alternative means of ensuring proper maintenance of the improvements or landscaping are used.
5. Release or Reduction of Maintenance Guarantees
a. The Development Services Director shall release a maintenance guarantee for public infrastructure improvements or landscaping at the end of the term of the maintenance guarantee only after city staff has performed an inspection of the guaranteed improvements or landscaping and certified in writing that they have been maintained in accordance with approved plans and specifications.
b. The Development Services Director shall release a maintenance guarantee for tree relocation, tree replacement, or corrective action for abused or damaged trees at the end of the term of the maintenance guarantee only after city staff has performed an inspection of the subject trees and has certified in writing that they were properly transplanted, planted, or corrected and have been maintained in a healthy state in accordance with approved plans and specifications.
c. Where the term of a maintenance guarantee for tree relocation or tree replacement has been extended to cover the replacement of trees that died or were effectively destroyed during the original term (See Section 155.5902.B.2, Term of Maintenance Guarantees.), the Development Services Director may reduce the guarantee by the percentage of the total number of guaranteed trees that survived the original term.
6. Default and Forfeiture of Guarantee
a. Notice of Failure to Maintain Guaranteed Improvements, Landscaping, or Trees
If the owner or developer fails to maintain the guaranteed public infrastructure improvements, landscaping, or relocated or replacement trees during the term of the performance guarantee, the Development Services Director shall give the owner or developer 30 days written notice of the default by certified mail.
b. City Correction of Defects; Tree Canopy Trust Fund
i. After expiration of the 30-day notice period for failure to maintain guaranteed public infrastructure improvements or landscaping, the city may draw on the security and use the funds to perform work necessary to ensure the guaranteed public infrastructure improvements or landscaping comply with approved plans and specifications. 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.
ii. After expiration of the 30-day notice period for failure to maintain guaranteed relocated trees or replacement trees, the city shall draw on the security and deposit the funds into the city's Tree Canopy Trust Fund, to be used for the planting or relocation of trees on public lands in Pompano Beach.