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WHEREAS, the Indian River County Board of County <br />Commissioners is aware that two separate interrelated developments <br />by common owners within a reasonable proximity may pose the <br />question of whether a DRI is applicable, when the number of <br />proposed units for the additional developments aggregated exceeds <br />500 living units; and <br />WHEREAS, the Indian River County Board of County <br />Commissioners is interested in requiring a binding letter of <br />interpretation from the State Land Planning Agency as a part of <br />site plan review, subdivision approval or other proposed land uses <br />exceeding 500 living units whether in a single proposed development <br />or several developments taken together where common, or interlock- <br />ing, ownership, either legal or equitable, interests are shown; <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY: <br />SECTION 1. Any developer or builder or other individual or entity <br />submitting an application to the County for site plan review, sub- <br />division approval, or any other proposed land use involving the <br />construction of living units exceeding 500 in number, shall submit <br />to the County Planning and Zoning Office, together with any other <br />information required or requested for the particular proposed use, <br />a binding letter of interpretation from the State Land Planning <br />Agency setting forth a statement whether a DRI is applicable to <br />the proposed use. <br />SECTION 2. Where a common owner, owners, interlocking owners, or <br />their heirs, successors or assigns of more than one development <br />site holding either a legal or equitable interest submits a site <br />plan application, subdivision application, or any other proposed <br />use within five years of a prior application involving the con- <br />struction of dwelling units which when aggregated exceeds 500 in <br />number, and where such projects are located within a reasonable <br />Proximity of each other, then the developer, builder, owner, agent, <br />or other entity must submit, together with any other additional <br />information required or requested, a binding letter of interpreta- <br />tion from the State Land Planning Agency setting forth whether a <br />DRI is applicable. <br />-2- <br />