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ORDINANCE 2005- 014 <br />AN ORDINANCE OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA, AMENDING CODE SECTIONS 913.07 AND <br />928 .06 OF THE CODE OF INDIAN RIVER COUNTY TO <br />PROVIDE FOR ACCESS FOR MOSQUITO CONTROL <br />DISTRICT TREATMENT OF PRIVATE WATER <br />RETENTION PONDS AND LAKES <br />WHEREAS, the Indian River Mosquito Control District is charged with the <br />duty of treating both fresh and salt water bodies of water for mosquitoes ; and <br />WHEREAS, during times of emergencies, it necessary for District <br />personnel to gain access to these bodies of water; and <br />WHEREAS, some of the bodies of water that may need treatment are in <br />gated communities; and <br />WHEREAS, some mosquito impoundments located along the Indian River <br />Lagoon need to be maintained on a regular basis to control the population of <br />mosquitoes and access to the impoundments is vital to the control of mosquitoes; <br />and <br />WHEREAS, the Board recognizes that it is necessary for the District to <br />gain access to both public and private waterways in order to effectively control <br />mosquitoes; <br />NOW THEREFORE, BE IT ORDAINED by the Board of County <br />Commissioners of Indian River County, that section 928.06 of the Indian River <br />Code is hereby amended as follows: <br />CHAPTER 928. WETLANDS AND DEEPWATER HABITAT PROTECTION <br />Sec. 928.06. Regulatory standards and procedures. <br />(1) — (2) No change. <br />(3) The establishment of conservation easements shall be required to overlay all <br />preserved, created, or enhanced wetlands or deepwater habitats (and upland buffers, as <br />applicable) associated with development site mitigation. Such easements shall ensure <br />protection of these habitats and may allow certain activities, such as passive recreation, <br />not deemed detrimental to the health of the ecological system. In such cases, and where <br />wetlands or deep water habitat adjoin development sites but may not yet be subject to <br />conservation easements, Indian River <br />Mosquito Control District will be granted access easements to allow for vehicular and <br />pedestrian access, mosquito inspection, treatment, and management of such wetlands or <br />F:Wttorney\Bill\Ordinance Amendments\Mosquito Control Access\ordinance.doc <br />