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ORDINANCE 2012-023 <br />feet NAVD88, or the ten-year flood elevation which has been determined by <br />FEMA, whichever is greater. The board of county commissioners may, in its <br />discretion, grant a waiver from the provisions of this subsection upon the <br />affirmative showing of the applicant, by means of a competent engineering <br />study, that the development project is situated in an estuarine environment <br />and that the development project, as designed, will meet all other <br />requirements of the stormwater management and flood protection chapter and <br />will not create a material adverse impact on flood protection on other lands in <br />the estuarine environment. <br />2. For subdivided lots of less than one (1) acre in area that existed prior to July <br />1, 1990. At such time as the county may create or cause to be brought into <br />existence a stormwater utility, or other entity charged with managing <br />drainage concerns the requirements of this section will apply for lots less than <br />one (1) acre in area existing prior to July 1, 1990, if the utility or entity has <br />the authority to compensate for fill added in floodplains by administering a <br />program that causes compensation for fill added on individual lots to be <br />mitigated by contribution to an off site mitigation fund for a central facility or <br />facilities, owned by the county, the stormwater utility, or other entity. <br />3. Those development projects, located in the St. John's Marsh and within either <br />the Terra Ceia, Holopaw, Delray, Canova, Gator= or Floridian soil types (as <br />described in the United States Department of Agriculture Soil Conservation <br />Service Soil Survey of Indian River County, latest edition) for which a cut <br />and fill waiver has been granted by the board of county commissioners. The <br />board of county commissioners may, in its discretion, grant a waiver from the <br />provisions of this subsection upon the affirmative showing of the applicant, <br />by means of a competent engineering study, that the development project, as <br />designed, will meet all other requirements of the stormwater management and <br />flood protection chapter and will not create a material adverse impact on <br />flood protection. <br />4. Development located within the Vero Lake Estates Municipal Services <br />Taxing Unit as referenced in Ordinance No. 84-81, for which a cut and fill <br />waiver has been granted by the board of county commissioners. The board of <br />county commissioners may, in its discretion, grant a waiver from the <br />provisions of this subsection upon the affirmative showing of the applicant, <br />by means of a competent engineering study, that the development project, as <br />designed, will meet all other requirements of the stormwater management and <br />flood protection chapter and will not create a material adverse impact on <br />flood protection. <br />No structure or fill shall be permitted within the limits of the floodway of the St. <br />Sebastian River, South Prong except as provided by 930.07(2)(b)14.c. <br />Bold Underline: Additions to Ordinance 6 <br />Strike-dtrougl: Deleted Text from Existing Ordinance <br />C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-023 NVGD to <br />NAVD(901913914930).doc <br />