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ORDINANCE NO. 91-481 situated in an estuarine environment and that the development project, as designed, will meet all other requirements of the Stormwater Management and Flood Protection Chapter and will not create a material adverse impact on—flood--protection- on— other—lands in the estuarine environment. 2. For subdivided lots of less than one acre in area that existed prior to July 1, 1990. At such time as the County may create or cause to be brought into existence a storm water utility, or other entity charged with managing drainage concerns the requirements of this section will apply for lots less than one acre in area existing -prior to -July 1, 1990, if the -utility -or entity has the authority to compensate for fill added in flood plains by administering a program that causes compensation for fill added on individual lots to be mitigated by contribution to an off site mitigation fund for a central facility, or facilities, owned by the County, the stormwater utility, or other entity. 3. Those development projects, located in the St. John's Marsh and within either the Terra Ceia, Holopaw, Delray, Canova, Gator, or Floridan soil types (as described in the Unites States Department of Agriculture Soil Conservation Service soil survey of Indian River County, latest edition) for which a cut and fill waiver has been granted by the Board of County Commissioners. The Board of County Commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the a firmati-ve—show ing of- the applicant,, --by— means—of a competent engineering study, that the development project, as designed, will meet all other requirements of the Stormwater Management and Flood Protection Chapter and will not create a material adverse impact on flood protection. 4. Development located within the Vero Lake Estates Municipal Services Taxing Unit as referenced in ordinance No. 84-81, for which a cut and fill waiver has been granted by the Board of County Commissioners. The Board of County Commissioners may, in its discretion, grant a wavier from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the Stormwater Management and Flood Protection Chapter and -will not create- a material adverse_ impact on flood protection. No structure or fill shall be permitted within the limits of the floodwav of the St. Sebastian River, South Prong except as provided by 930.07(2)(b)13.c. Coding: Words in • - • type are deletions from existing law. Words underlined are additions. 45 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:26 - OffcialDocuments:646, Attachment Id 0, Page 45