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2010-038
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Last modified
4/4/2017 1:59:10 PM
Creation date
10/5/2015 8:59:31 AM
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Resolutions
Resolution Number
2010-038
Approved Date
05/11/2010
Agenda Item Number
10.A.1.2.
Resolution Type
Lawsuit Settlement Approval
Entity Name
Waterway Village
DiVosta Homes
Subject
Settlement Documents
Bert J. Harris, Jr. Private Property Rights Protection Act
Note: There is no Page 16, Exhibit R - See Resolution 2010-038
Supplemental fields
SmeadsoftID
8435
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RESOLUTION 20042010 - <br />negatively affect that individual population and immediately notify Indian River <br />County and Council. Proper protection, to the satisfaction of the Indian River County <br />and Council, in consultation with the USFWS and the Florida Game and Fresh Water <br />Fish Commission, shall be provided by the developer. These provisions shall be <br />addressed in any land clearing permit(s) issued by Indian River County for the <br />proj ect. <br />Wetlands <br />43. The developer shall preserve and enhance minimum of 5.0 acres of wetlands <br />identified as wetlands A, F, G, and M on Map F1, Wetlands Map, in the ADA for the <br />Waterway Village DRI and as shown on the PD plan. The preserved and enhanced <br />wetlands shall be protected within a Conservation Easement established with Indian <br />River County and the St. Johns River Water Management District. Said easement <br />shall be properly executed and recorded prior to issuance of a certificate of occupancy <br />for any portion of the project. <br />44. The developer shall coordinate with the St. Johns River Water Management District, <br />U =S= Army Corps of Engineers, and Indian River County to determine the exact <br />acreage and type of wetland mitigation required to offset wetland impacts on the <br />project site. Wetland mitigation requirements shall be determined following the <br />Unified Mitigation Assessment Method provided in Chapter 62-345, FAC. Methods <br />for the creation and management of wetland mitigation areas on the project site shall <br />be described in the Preserve Area Management Plan to be approved by Indian River <br />County, and take place in Indian River County. This determination shall be made <br />prior the issuance of wetland resource permit by Indian River County. <br />45. All wetlands mitigation -on shall be completed prior to or simultaneous with the <br />elimination of existing wetlands on the site. The detailed plans for mitigation shall be <br />approved by the St. Johns River Water Management District and Indian River County <br />in consultation with Council prior to the initiation of the mitigation plan and prior to <br />the release of any site plan or land clearing permit for all or a portion of the project. <br />Reasonable assurance of financial ability to carry out the commitments in the <br />approved mitigation plan shall be provided in a method agreed to and approved by <br />Indian River County. Said assurances and commitments shall be approved by Indian <br />River County planning staff prior to release of any site plan or issuance of any land <br />development permit offor all or a portion of the project. <br />46. The developer shall preserve or create a buffer zone of native upland edge vegetation <br />around all wetlands preserved, restored, or created on site. The buffer zone shall <br />include canopy, understory, and ground cover of native upland species. The upland <br />buffers shall be restored to a natural condition if invaded by exotic vegetation or <br />impacted by agricultural activities. The upland buffers shall be a minimum width of <br />15 feet and a -shall average 25 feet around the entire wetland. The buffer shall be <br />shown on all appropriate project site plans and shall be designed to be consistent with <br />RM: 7375429: I <br />16 <br />
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