§ 72-657. Inspections and tests.

(a)

General. Appropriately staged inspections during construction shall be called for. It shall be the responsibility of the developer or the developer's contractor to notify the CDE or LDM and arrange for these inspections. Tests called for under this section shall be performed by the county or by a competent engineering testing firm, which shall have an engineer registered in Florida as one of the responsible officials of the firm.

(b)

Inspections.

(1)

The developer shall provide written authorization which will enable county staff personnel to enter upon the property to be developed and make periodic inspections at each stage of construction. During construction the developer shall notify the CDE or LDM, where appropriate, that a county inspector can be sent to make an inspection.

(2)

The county shall furnish an inspector at the site within a reasonable length of time, during normal working days and hours.

(3)

The purpose of these inspections is to ensure that construction is in compliance with the granted development order. The county accepts no responsibility or liability for the work, or for any contractual conditions involving acceptance, payment or guarantees between any contractor and the developer, by virtue of these inspections. The county assumes no responsibility or commitment guaranteeing acceptance of the work, or for subsequent failure, by virtue of these inspections.

(4)

Upon completion of the improvements and receipt by the county engineer of the documents required in subsection (c), below, the developer may request and the LDM will schedule a final on-site inspection of the improvements by all applicable department representatives collectively on a date specified by the developer. The documents required in subsection (c) shall be submitted by the developer at least five days prior to the inspection date. The developer shall be represented at the inspection as well as the developer's engineer and contractor.

(5)

However, if any aspect of the work being performed does not comply with acceptable standards, corrections shall be required by the county inspector as a condition for county acceptance. All improvements shall be installed, and have the approval of the CDE and/or other county agencies prior to acceptance by the county council, where required, or issuance of a certificate of occupancy.

(c)

Completion of installation of required improvements. Upon completion of the above inspections or prior thereto, the following, where required, shall be provided to the CDE and/or other appropriate county agencies:

(1)

Test results;

(2)

Maintenance guarantees, in accordance with provisions of this division, for facilities to be dedicated or conveyed to the county or a property owner's association;

(3)

As-built drawings for utilities and drainage systems, both on- and off-site;

(4)

Certification by the developer's engineers that all improvements were installed in accordance with the granted development order;

(5)

Copy of surveyor's certificate filed with the clerk or recording office in accordance with the Florida Statutes.

(d)

Responsibility during maintenance period for improvements to be dedicated or conveyed to county or to a property owners association.

(1)

Following approval by the county of the construction of improvements to be dedicated or conveyed to the county or a property owners association, the developer shall be required to maintain the improvements within the development in first-class condition until the county council accepts the improvements for county maintenance, or they are turned over to a property owners association for maintenance. Such association shall have all duties and powers necessary to provide for the perpetual maintenance of the improvements. The developer's maintenance period shall be a minimum of one year. During that maintenance period, the developer will be expected to provide any maintenance required, including, but not limited to:

a.

Repair and replacement of any system component, or failed section of pavement, etc.;

b.

Correction of design faults;

c.

Control of erosion, replacement of sod, removal of soil washed onto pavement or into drainage system.

d.

Lost, destroyed or disturbed survey improvements;

(2)

The developer may request the county council to accept the improvements for maintenance at the time of or after the acceptance of the construction, or during the developer's one-year maintenance period.

When this occurs, it shall be the responsibility of the developer to sod all areas of the constructed improvements, where the potential for erosion exists. Such areas which may require sodding shall include, but not be limited to, shoulders, swales, drainage systems and retention areas. When such sodding is completed in a manner which is satisfactory to the CDE, the county council may accept the improvements for county maintenance, provided that all other improvements are in a first-class condition. However, the cash guarantee required by subsection (c) of this section, will be retained for the balance of the developer's one-year maintenance period to guarantee all improvements against defects in design, materials and workmanship.

The county council shall not accept the improvements for county maintenance, nor release the cash guarantee until it has determined that all improvements are in a first-class and acceptable condition.

(3)

All improvements to be dedicated or conveyed to the county or a property owners association shall be covered by a cash maintenance guarantee which shall be provided by the developer, and shall be in the amount of 15 percent of the construction costs of all improvements, including landfill. The form of guarantee shall be as prescribed in subsection 72-656(a) and approved by the county attorney. The developer shall guarantee all improvements against defects in design, material and workmanship, in addition to guaranteeing maintenance for the required period of time.

(4)

Approximately 60 days prior to the expiration of the maintenance period, the developer shall request the LDM to schedule an inspection by the CDE and/or other appropriate county personnel. All deficiencies of design, materials, workmanship and/or maintenance identified during the final inspection shall be corrected by the developer.

(5)

Upon evidence of correction of all deficiencies by the CDE and other appropriate county agencies, the LDM shall recommend, and the county council may accept those improvements dedicated or conveyed to the county for county maintenance. Those improvements to be conveyed to a property owners association shall be accepted by the property owners association pursuant to agreements between the developer and the property owners association.

(6)

Upon acceptance of the improvements by the county council or property owners association, the maintenance guarantee shall be released to the developer, less any charges for maintenance or corrections incurred by the county during the maintenance period.

(e)

Responsibility for maintenance of privately owned improvements. Any improvements made to private property pursuant to a development permit issued under this division shall thereafter be maintained by the private property owner and/or lessee or renter to the minimum standards of this division and the improved plans at his/her expense. Failure to maintain such improvements shall constitute a violation of this division.

(Ord. No. 96-32, §§ XXXI—XXXIII, 12-19-96; Ord. No. 2008-25, § III, 12-4-08)