8/24/2016 12:23:08 PM
9/30/2015 4:12:57 PM
Agenda Item Number
Land Development Regulations Amendment
State Filed Date
Right of Way Requirements
Codified or Exempt
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ORDINANCE 2006- 02 5 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS <br />TO LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FINDINGS; PROVIDING <br />FOR AMENDMENTS TO CHAPTER 952, TRAFFIC, BY AMENDING RIGHT-OF-WAY <br />REQUIREMENTS 952.08, BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; <br />CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT <br />REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: <br />SECTION #1: <br />Amend Right -of -Way Requirements LDR Section 952.08, to read as follows: <br />(1) Right-of-way dedication or acquisition. Fer- all pr-ejeets requiringan Ind a -a Rive <br />County development or -der-, exeept fer- an or-deF to develop a single family r-esidenee, the land lying <br />within the pr-opesed development whieh is n6eessar-y to widen or- extend roadways to the standa <br />designated in the Indian River- Gettaty Thor-etlghfffe Plan and implementing right of way wid4 <br />table, or- to provide adequate knd area for- titilities, sidewalks anEVor- bikepaths shall be tr-ansfe <br />te the eounty as speeified in this seetion, by the appheant prior- to the release of the site , <br />pr-elifninary plat appr-eval, or- building pefmit issuance, as appr-opfiate. The eetinty shall eempen <br />the pr-epet4y. owner- fer- the right of way transfer- tmiess the 6& of way is needed beeause of a <br />Ye'ated imp ^*. It is the county's intent to acquire, by developer dedication or government <br />purchase, that property needed to make up a road right-of-way deficiency. All such <br />dedications and acquisitions shall occur or be initiated during the development approval <br />process. <br />(a) General requirements. <br />1. An applicant for development approval <br />h; h has f;.. a,7 r ght e f way defieiefiey shall tr sfo, ght of way <br />neede`l�site related <br />, roadway improvements s fe that set"Flein.t. of th <br />F-ead'l�`ray abutting th"proreet, and shall ,oto,- into ,tet, -^..t <br />similar agreement with the eou„t., t., ell needed g, ' ,F. f r futur-e non <br />site related t^prior-to release of t e approved site plan for- the- <br />eet Wher- .' .7 ey a aright of way efie e,- ey exists, the _defie eney sh <br />be madeall <br />mader, by a s;tio of equal ametin4s of land f;-.,,-„ e ..h side ..f tL e <br />existing right of way, exeeptwher-e shall: <br />a A drainage distr,..t ,anal right of way of a railroad rig t of . abuts <br />J <br />e ^;,7e of -the existing r-ead right of way; Identify, at the time of <br />development project application submittal, any right-of-way <br />deficiencies of adjacent roadways based on the standards set forth <br />in section 952.08(1)0. <br />b. At least e half (1/2) of r-eqt4ed as right of'way has been <br />provi,7e,7 by the pfepefty on the opposite side of the existing read <br />r -i& of way; , ..h;eh ease, the entire read right of way .7efie e„ey <br />Bold Underline: Additions to Ordinance 1 <br />Stfike d,,.e„eh: Deleted Text from Existing Ordinance <br />FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF <br />
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