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ORDINANCE 2012-036 <br />() Additional requirements. <br />1. Cut and fill. An equal volume of storage capacity must be created for any <br />volume of the base flood that would be displaced by fill or structures <br />except for the following instances: <br />a. Those development projects within the special flood hazard area one <br />hundred year- fleedplain along the Indian River Lagoon when granted <br />a waiver from the cut and fill balance requirements by the board of <br />county commissioners. In the special flood hazard area ene h„ dr -ed <br />eff fleedph6n of the Indian River Lagoon, an equal volume of <br />storage capacity must be created for any volume of the base flood that <br />would be displaced by fill or structures below elevation two and one- <br />half (2.5) feet NAVD88, or the ten-year flood elevation which has <br />been determined in the Flood Insurance Study by FEMA, whichever is <br />greater. The board of county commissioners may, in its discretion, <br />grant a waiver from the provisions of this subsection upon the <br />affirmative showing of the applicant, by means of a competent <br />engineering study, that the development project is situated in an <br />estuarine environment and that the development project, as designed, <br />will meet all other requirements of the storrnwater management and <br />flood protection chapter and will not create a material adverse impact <br />on flood protection on other lands in the estuarine environment. <br />b. F-ef Subdivided lots of less than one (1) acre in area that existed prior <br />to July 1, 1990. At such time as the county may create or cause to be <br />brought into existence a stormwater utility, or other entity charged <br />with managing drainage concerns., the requirements of this section will <br />apply for lots less than one (1) acre in area existing prior to July 1, <br />1990, if the utility or entity has the authority to compensate for fill <br />added in special flood hazard areas mains by administering a <br />program that causes compensation for fill added on individual lots to <br />be mitigated by contribution to an off site mitigation fund for a central <br />facility or facilities, owned by the county, the stormwater utility, or <br />other entity. <br />c. Those development projects, located in the St. John's Marsh and <br />within either the Terra Ceia, Holopaw, Delray, Canova, Gator, or <br />Floridian soil types (as described in the United States Department of <br />Agriculture Soil Conservation Service Soil Survey of Indian River <br />County, latest edition) for which a cut and fill waiver has been granted <br />by the board of county commissioners. The board of county <br />commissioners may, in its discretion, grant a waiver from the <br />Underline: Additions to Ordinance <br />StfikO tkreu& Deleted Text from Existing Ordinance <br />38 <br />C:\Documents and settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf <br />