3/20/2019 12:51:03 PM
9/30/2015 4:02:39 PM
State Filed Date
Reservation of Road Right-of-Way
Codified or Exempt
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ORDINANCE NO. 88 - 4 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA AMENDING SECTIONS 2(b); <br />23.3 (d) (1) ; AND 25 (t) OF APPENDIX A OF THE CODE OF <br />LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, ZONING <br />CODE; REGARDING ADDITIONS TO THE DEFINITIONS, <br />REQUIRING DEDICATION AND/OR RESERVATION OF RIGHT- <br />OF-WAY FOR SITE PLAN APPROVAL; AND REQUIRING <br />DEDICATION AND/OR RESERVATION OF RIGHT-OF-WAY FOR <br />SINGLE FAMILY LOTS; ALSO AMENDING SECTION 10(c)(2) <br />OF APPENDIX B OF THE CODE OF LAWS AND ORDINANCES OF <br />INDIAN RIVER COUNTY, SUBDIVISION AND PLATTING; <br />REQUIRING DEDICATION OF RIGHT-OF-WAY FOR SUBDIVISION <br />PLAT APPROVAL. <br />NOW THEREFORE, be it ordained by the Board of County Com- <br />missioners of Indian River County that: <br />Section 1 <br />Section 2(b) of Appendix A, the Zoning Code, Indian River <br />County Code of Laws and Ordinances is hereby amended to the <br />existing definitions to add the -definitions of three new terms as <br />follows: <br />Dedication of Road Right -of -Way. The transfer of title by <br />_warranty deed of unencumbered real property to Indian River <br />county for use as road right-of-way. In those instances <br />_where a warranty deed cannot be provided, a quit claim deed <br />may be used to transfer the property, subject to approval by <br />the County Attorney. <br />Reservation of Road Right -of -Way. The designation in a <br />recordable form ( rovided by and approved by the County <br />Attorney) of unencumbered real property, establishing said <br />property as an area to be acquired at some future time by <br />Indian River County through fee simple purchase, and <br />designating such area as future road right-of-way. <br />Reservation areas shall be treated as road right-of-way areas <br />for purposes of situating structures and required <br />improvements; however, subject to approval of the Public <br />Works Director, compliance with all other zoning code <br />_requirements, and execution of a removal and hold harmless <br />agreement approved by the County Attorney, non -required <br />improvements may be permitted within the reservation area. <br />Compensation for Right -of -Way Dedication. The payment by <br />Indian River County to an applicant receiving development <br />approval and dedicating right-of-way of an amount equivalent <br />to the value of the right-of-way. Said payment shall be in <br />one or more of the followinq three forms. <br />1) Traffic Impact Fee Credit - a dollar for dollar credit <br />applied to a project's traffic impact fee charge based <br />upon the appraised value, or other estimate of value <br />accepted by the Public Works Director, of right-of-way <br />dedicated by the applicant. <br />2)' Transfer of Density - the transfer, from the right-of- <br />way area being dedicated to the remainder of a project <br />site, of the equivalent number of residential dwelling <br />units assignable to the dedicated right-of-way area <br />(based upon the acreage of the dedicated right-of-way <br />area and the maximum density of the zoning district <br />applicable to the dedicated area). <br />3) Cash - Cash payments may be made at the option of the <br />County. <br />CODING: Words in�i¢1�f�id�iM type are deletions from existing <br />law; words underlined are additions. <br />
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