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1988-04
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1988-04
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3/20/2019 12:51:03 PM
Creation date
9/30/2015 4:02:39 PM
Metadata
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Ordinances
Ordinance Number
1988-04
Adopted Date
01/19/1988
Ordinance Type
Zoning
State Filed Date
02\01\1988
Entity Name
Reservation of Road Right-of-Way
Subject
Right-of-Way Dedications
Codified or Exempt
Codified
Archived Roll/Disk#
2743
Supplemental fields
SmeadsoftID
1374
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ORDINANCE NO. 88 - <br />Section 4 <br />Section 10(c)(2) of Appendix B, the Subdivision and Platting <br />Code, Indian River County Code of Laws and Ordinances is <br />hereby amended as follows. <br />2) Compliance with County Thoroughfare Plan <br />The Indian River Count <br />official standard for <br />road improvements, des <br />determining access req <br />roads. <br />Thoroughfare Plan shall <br />dedicating rights-of-wa <br />4nating traffic control <br />irements, including mai <br />serve as the <br />designing <br />devices and <br />final access <br />Any applicant for plat approval for a project abutting <br />an existing roadway which has an existing road right- <br />of-way deficiency shall dedicate, via the final plat, <br />sufficient land to correct the road right-of-way <br />deficiency for that segment of the roadway abutting the <br />project. Wherever a road right-of-way deficiency <br />exists, the deficiency shall be made up by dedication of <br />equal amounts of land from each side of the existing <br />riaht-of-way. except where: <br />1s a drainage district canal right-of-way or a rail- <br />road right-of-way abuts one side of the existing <br />road right-of-way; or <br />2* at least one-half of the required road right-of-way <br />has been provided by the property on the opposite <br />side of the existing road right-of-way; <br />in which case, the entire road right-of-way deficiency <br />will be made up by dedication of land from the opposite <br />side of the existing right-of-way. <br />(b) Plat applicants shall, where right-of-way deficiencies <br />exist for right-of-way abutting a project, dedicate the <br />fair share of any right-of-way needed to bring an <br />abutting road (local, collector, or arterial) right-of- <br />way up to local (minor) road standards as defined in the <br />Thoroughfare Plan. Said dedications are deemed neces- <br />sary to serve the proposed development itself and shall <br />not be creditable for compensation. <br />(c) Dedication of Thoroughfare Plan Road Right -of -Way <br />Any applicant for plat approval for a project abutting <br />an existing roadway designated on the County Thorough- <br />fare Plan where the roadway has a road right-of-way <br />_deficiency shall dedicate, at a minimum, sufficient land <br />to make up his share of the road right-of-way defici- <br />ency. The applicant shall receive through traffic <br />impact fee credits, or residential density transfers, or <br />where the County chooses to pay cash, 100% compensation <br />for the value of the land area dedicated for road <br />right-of-way, which exceeds any area needed to bring the <br />right-of-way up to County local (minor) road standards. <br />1) Exemption <br />a) Where 100% compensation cannot be provided <br />through traffic impact credit, or density <br />transfers, or where the County chooses to pay <br />CODING: Words in 4tt7WftAtOlAM type are deletions from existing <br />law, words underlined are additions. <br />for Existin <br />a. Right -of -Way <br />Roadways <br />Dedication <br />and <br />Reservation <br />Any applicant for plat approval for a project abutting <br />an existing roadway which has an existing road right- <br />of-way deficiency shall dedicate, via the final plat, <br />sufficient land to correct the road right-of-way <br />deficiency for that segment of the roadway abutting the <br />project. Wherever a road right-of-way deficiency <br />exists, the deficiency shall be made up by dedication of <br />equal amounts of land from each side of the existing <br />riaht-of-way. except where: <br />1s a drainage district canal right-of-way or a rail- <br />road right-of-way abuts one side of the existing <br />road right-of-way; or <br />2* at least one-half of the required road right-of-way <br />has been provided by the property on the opposite <br />side of the existing road right-of-way; <br />in which case, the entire road right-of-way deficiency <br />will be made up by dedication of land from the opposite <br />side of the existing right-of-way. <br />(b) Plat applicants shall, where right-of-way deficiencies <br />exist for right-of-way abutting a project, dedicate the <br />fair share of any right-of-way needed to bring an <br />abutting road (local, collector, or arterial) right-of- <br />way up to local (minor) road standards as defined in the <br />Thoroughfare Plan. Said dedications are deemed neces- <br />sary to serve the proposed development itself and shall <br />not be creditable for compensation. <br />(c) Dedication of Thoroughfare Plan Road Right -of -Way <br />Any applicant for plat approval for a project abutting <br />an existing roadway designated on the County Thorough- <br />fare Plan where the roadway has a road right-of-way <br />_deficiency shall dedicate, at a minimum, sufficient land <br />to make up his share of the road right-of-way defici- <br />ency. The applicant shall receive through traffic <br />impact fee credits, or residential density transfers, or <br />where the County chooses to pay cash, 100% compensation <br />for the value of the land area dedicated for road <br />right-of-way, which exceeds any area needed to bring the <br />right-of-way up to County local (minor) road standards. <br />1) Exemption <br />a) Where 100% compensation cannot be provided <br />through traffic impact credit, or density <br />transfers, or where the County chooses to pay <br />CODING: Words in 4tt7WftAtOlAM type are deletions from existing <br />law, words underlined are additions. <br />
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