1988-04 - Laserfiche WebLink

Home Browse Search

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