2005-031 - Laserfiche WebLink

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N OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: PART I: FINDINGS. It is hereby ascertained, determined, and declared that, pursuant to Article VIII, S ection 1 of the Florida Constitution, and Sections 163.3202, 125.01, and 125.66, Florida Statutes, the Board has all powers of local self-government, and such powers may be exercised by the enactment of County ordinances. PART. II: AMENDMENTS TO CHAPTER 930, INDIAN RIVER COUNTY STORMWATER MANAGEMENT AND FLOOD PROTECTION ORDINANCE OF THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS ORDINANCE. S ection 930.03, Rules of construction, is amended to read as follows: The requirements of this chapter are intended to implement regulations of the Federal E mergency Management Agency set out as Title 44; CFR, the National Flood Insurance P rogram Regulations, and are intended to complement regulations of the Florida D epartment of Environmental Regulatien Protection (FDEP)including but not limited to those found in Florida Administrative Code, Chapter 16- 25 17 25, Regulation of Stormwater Discharge, Chapter 62-3 17 3 Water Quality Standards, and Chapter 62-4 44.- 4 Permits, Chapter 62-330. Environmental. Resource Permitting, Chapter 62-312 17 312 D redge and Fill Activities, and the Stormwater Rules of the St. Johns River Water Management District, all as adopted or as may be amended from time to time. A FAC Chapter 17 312 Wetland Resource Permit may be required. Approval of a stormwater management system under this chapter shall not relieve any applicant of the necessity to obtain required permits or approvals from other state, regional, or local agencies, including specifically, but not limited to, observance of FDERP FDEP permitting requirements for use of the 'landward extent of waters of the state," as that term is defined by Florida Administrative Code, Chapter 62-301.200(4) 17 301.100(1). in the event of a conflict between this chapter and any other law or regulations, this chapter shall be interpreted to avoid the conflict when possible. If there is an irreconcilable conflict, the agency rule shall prevail. If this chapter is more restrictive, the provisions hereunder shall prevail and no conflict will be considered to exist. S ection 930:05, Prohibited activity, section(2)(b), is amended to read as follows: (2) It shall be illegal and subject to the penalties provided herein for any person to construct and/or alter, any structure in such a manner as to impede the functioning of a drainage system that is: (b) Located on private property and is a part of a drainage system serving more than one property owner when such system is located in an easement which exists for the benefit of other land owners or has historically provided drainage. 2