§ 337. Installation of Required Improvements.

337.1.   Certification, Approval of Plans.

The engineer of record shall certify the design of all required improvements such as streets, drainage structures, bridges, bulkheads, and water and wastewater facilities. All construction drawings for improvements shall be prepared by such engineer in a form acceptable to the County Engineer and. prior to construction, must be approved by the County Engineer.

337.2.   Deferred Improvements.

Where the Department Director deems that improvements are currently infeasible for the County, or to minimize traffic or safety problems, the developer shall provide funds or proper security for his current share of the cost to pay for such improvements at a later date.

337.3.   Construction.

Upon approval of all construction drawings, and the approval of any required performance security and written notification to the County Engineer, the developer may commence installation of the required improvements in accordance with such approved drawings, or approved written modifications thereto, and the performance standards set forth in Section Chapter 8. Such installation shall be subject at all times to inspection by Federal. State and County agencies, and the developer shall employ an engineer, which need not be full time, for complete observation and approval during such construction activities as necessary to assure compliance with the approved plans. All field and construction changes shall require approval of the County Engineer and shall be filed in such written form and detail as specified by the County Engineer; and incorporated into the record drawing as applicable.

A.

Posting of Permit. Work requiring a development order, approved plans or permit shall not commence until the permit holder posts the development order, one set of approved plans and permit card in a conspicuous place on the property. The permit placard for all inspection services will be issued by the County Engineer. The development order and permit card shall be protected from the weather and located in such position as to permit the County Engineer to conveniently make the required entries thereon. The development order and permit card shall be maintained in such position by the permit holder until the Certificate of Completion or final approval is issued in writing by the County Engineer.

B.

Survey Layout. The developer shall establish lines and levels, to locate and layout, by instrumentation and similar appropriate means, all construction work required to be done under the development order. The physical laying out of the construction work shall be a prerequisite for any field inspection by the County Engineer.

C.

Access for Inspections. Inspections by County agencies and all other agencies having jurisdiction shall be permitted at all times during the installation of all improvements. The applicant shall provide safe and convenient access to all parts of the work for inspections.

D.

Inspections During Construction. At each of the stages hereinafter indicated, inspections shall be requested by the applicant at least two (2) working days in advance by notice to the County Engineer.

1.

Clearing, grubbing, filling, grading, and erosion control. (Spot inspection required at beginning and at completion. See also inspection required by Section 801.)

2.

The installation of underground utilities and services including the storm drainage system. (Spot inspections required before the backfilling of trenches or other covering of structures.)

3.

The storm water management system. (Spot inspection required at completion.)

4.

All rights-of-way (inspections required at completion of the subgrade, subbase, base course, and curbing prior to the placement of the surface course).

5.

All rights-of-way and easements (spot inspections required during completion of surface course, sidewalks, finish grading, stripping, traffic control and street signs, sodding, seeding and final cleanup).

6.

Final inspection of all components required by Section 337.3.

E.

Material Testing. The County Engineer may require tests and test reports for any and all materials incorporated into the work, as proof of compliance with County engineering specifications. Required tests are to be made at the expense of the owner, by an approved testing laboratory or other approved agency.

F.

Correction or Removal of Defective Work. If required by the County Engineer, the developer shall promptly, as directed, either correct all defective work, whether or not fabricated, installed or completed, or if the work has been rejected by the County Engineer, remove it from the site and replace it with non-defective work. The developer shall bear all costs associated with the removal and replacement.

G.

Construction Subject to Continued Compliance. Unless the approval of the work completed, including approval of type of materials specified on the approved plans, to each stage has been given by the County Engineer, no further work shall be done on that particular aspect of construction until such work is subsequently completed to the satisfaction of the County Engineer.

H.

Notice to Stop Work. Upon notice by the Public Works Department that work at any stage is being done contrary to the provisions of this Code, the Public Works Development Standards, or in a dangerous or unsafe manner, the work shall immediately cease. Such notice shall be given in writing and shall be given to developer, owner or agent or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the Public Works Department shall not be required to give a written notice prior to stopping the work.

I.

Damage to Public Property. It shall be the responsibility of the developer to restore and/or replace all public property damaged or destroyed which was caused by work of the developer. A pre-inspection of the contiguous and adjacent public property will be conducted by the County Engineer prior to the developer commencing any work of the development order. An inspection will be conducted by the County Engineer, as a prerequisite to the final approval, which inspection shall review and observe the same contiguous and adjacent public property for possible damage thereto.

337.4.   Final Inspection of Improvements.

After all required improvements have been installed, the engineer of record shall submit certified record drawings, in a form acceptable to the County Engineer, to the County that the improvements have been constructed substantially according to approved plans and specifications. The County Engineer shall periodically inspect all construction subject to this Section. Noncompliance with approved plans or specifications or evidence of faulty materials or workmanship shall be immediately called to the attention of the developer or the engineer and, if not corrected in an expeditious manner, all work on the project will be suspended.

337.5.   Performance Security.

When platting is proposed prior to completion of construction, the developer shall:

A.

Agreement. Record an agreement acceptable to the Board of County Commissioners which commits the developer and/or financial institution to comply with this Section 337; and

B.

Security. Submit a performance security that satisfies the requirements of Section 337.10. Such performance security shall be in the penal sum of one hundred and thirty (130) percent of the estimated cost of the required improvements. The performance security shall cover the cost of all improvements and may be adjusted by the County Engineer to reflect the completion or partial completion of such improvements.

In the event that the County Engineer determines that the developer has failed to complete required improvements, or has failed to provide the County with a substitute performance security in advance of expiration of a performance security, the County Engineer shall exercise the County's rights under the developer's agreement and performance security to assure the completion of such required improvements.

337.6.   Defect Security.

Before issuance of a certificate of completion, the developer shall submit to the County Engineer a defect security that satisfies the requirements of Section 337.10. Such defect security shall be in the penal sum of ten (10) percent of the actual construction cost of all the required public improvements and any private water or wastewater utility improvements. The defect security shall have an expiration date of three (3) years from the date of issuance of the certificate of completion. The financial institution shall be responsible for notifying the County Engineer in writing of the expiration date no less than thirty (30) days before the expiration date. (The defect security shall be renewed for an additional ninety (90) days upon the written request of the County Engineer.) Defect Securities are required for public improvements that are county maintained.

A.

Guarantee of Workmanship. The purpose of the defect security is to guarantee the materials, workmanship, structural integrity, functioning, and maintenance of the required improvements during the three-year period following issuance of the certificate of completion.

B.

Determination of Defect. If the County Engineer determines after issuance of the certificate of completion that the materials, workmanship, structural integrity, functioning, or maintenance of any of the required improvements is unacceptable, or if he determines that the developer has failed to provide the County with a substitute defect security in advance of expiration of a defect security, he shall so notify the developer by registered mail of the unacceptable condition, and, subject to subsection C below, he shall afford the developer a reasonable period of time in which to correct the unacceptable condition. If the County Engineer thereafter determines that the unacceptable condition has not been corrected, the County may present to the financial institution a demand for payment on the defect security.

C.

Expiration. The reasonable period of time referenced in subsection B above may be shortened or waived at the discretion of the County Engineer (a) if the defect security will expire before the end of a reasonable period of time, unless the defect security is renewed for an additional ninety (90) days before the expiration date, or (b) if the unacceptable condition poses a risk or danger to the health, safety, and welfare of the people of the County.

337.7.   Certificate of Completion: Approval for Maintenance; Acceptance.

A.

Maintenance Prior to Acceptance. The developer shall be responsible for the maintenance and operation associated with the public improvements facilities until approval for maintenance is issued.

B.

Certificate of Completion. After successful completion of all improvements, and after receipt of the required documents, the County Engineer will provide a certificate of completion verifying the satisfactory construction of all required improvements. The required documents shall include the following:

1.

Completion of satisfactory final inspections.

2.

Submission and approval of a certification by the engineer and registered land surveyor of record, on forms prescribed by the County.

3.

Posting and approval of the required defect security, in accordance with Section 337.5.

C.

Acceptance of Public Required Improvements. Upon the issuance of any Certificate of Completion by the County Engineer for any public required improvements, the County shall thereby accept responsibility for the maintenance of such improvements, provided such improvements are on land which the County owns, or for which it has accepted an offer of dedication. Maintenance of improvements to be owned by a community development district or other government or private entity shall remain the responsibility of such district or entity.

337.8.   Monuments.

A.

Permanent reference monuments (PRMs). PRMs shall be a metal rod 18" in length with a minimum cross-section area of 0.2 square inches and encased in concrete having a minimum cross-section area of 12.25 square inches and 24" in length with a metal disk stamped "PRM" and the "LB" number the legal entity or the "LS" number of the platting surveyor. For a boundary line along phased development that is not at or near design grade, or along a conservation easement line, PRMs may be set as permitted by Ch. 177, F.S., or as amended. PRMs shall be set in the ground so that the top is flush or no more than one (1) foot below the finished grade and verified by inspection by the reviewing surveyor.

B.

Permanent control points (PCPs). PCPs shall be placed as required by Ch. 177. F.S., or as amended. Where a monument cannot be set due to an obstruction, a diagram shall be included to clarify the references set which establishes the location where the PCP would be located. When the location PCP falls in a pervious surface, it shall be a metal rod 18" in length with a minimum cross-section area of 0.2 square inches and encased in concrete having a minimum cross-section area of 12.25 square inches and 24" in length with a metal disk stamped PCP and the "LB" number of the legal entity or the "LS" number of the platting surveyor. The top shall be flush with the ground or no more than one (1) foot below finished grade.

C.

FAC Requirements. Monuments set at lot corners shall satisfy the requirements of 5J-17, Florida Administrative Code.

D.

Certification. For plats where the Permanent Control Points and/or Lot Corners are not installed at the time of the recording of the plat, the following certification of the platting surveyor shall be modified and utilized as appropriate: "Permanent Control Points and/or Lot Corner monuments shall be installed and certified by an official affidavit recorded with the Clerk of the Circuit Court within one (1) year of recording of the plat or prior to the release of the improvement bond for the PCPs and/or Lot Corner monuments.

( Ord. No. 15-29, § 3(Exh. A), 12-3-15 ; Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

337.9.   Certified record drawings.

Certified record drawings shall contain the following:

A.

Original approved design;

B.

All field modifications;

C.

Field verified elevations and locations as required under the engineer's certification of completion. Field elevations and locations shall be shown on the record drawings and denoted as such; and

D.

Engineer's certification in accordance with Section 337.9.

337.10.   Engineer's certification of completion.

The engineer of record shall provide the following certification on certified record drawings:

In the professional opinion of ______________________P.E., as a registered engineer in the State of Florida, I certify that the improvements for grading, paving, drainage facilities, water distribution system and wastewater collection system for the project (description of platted lands) have been completed substantially in compliance with the engineering plans approved by Manatee County and in compliance with the Manatee County Code and the Public Works Standards Manual. This determination is based on construction site observations and review of test reports by me or a representative under my direction. Enclosed are record drawings which I have reviewed prior to this certification.

337.11.   Requirements for Performance and Defect Securities.

Each performance security posted in accordance with Section 337.4, and each defect security posted in accordance with Section 337.5, shall be an irrevocable letter of credit or surety bond, in a form acceptable to, and issued by a financial institution acceptable to, the County Administrator.

A.

Replacement Security. If, at any time after posting of a performance or defect security, a material change occurs in the condition of the financial institution, or if the financial institution fails to honor the posted security, and the developer fails to provide a replacement security in satisfaction of this Section 337, (a) the developer may be deemed in violation of this Code, and may be subject to a stop work order or any other remedy available hereunder, and (b) the County Engineer may draw upon the security.

B.

Cash Security. The County Engineer may, in his or her discretion, accept cash in lieu of a performance security or defect security, to be held by the County in its depository accounts, if and only if (a) the amount to be secured by such cash deposit does not exceed twenty-five thousand dollars ($25,000.00), and (b) the total amount of improvements secured through cash deposits by the developer and its affiliates for all projects in the County does not exceed fifty thousand dollars ($50,000.00).

337.12.   Designation of County Engineer.

The County Administrator shall designate an employee in the Public Works Department to serve as the County Engineer and carry out the functions set forth in this Section. The County Engineer may designate subordinate employees to carry out such functions under his authority and supervision.