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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 20092010- <br />Air Quality <br />66. During land clearing and site preparation, soil treatment techniques appropriate for <br />controlling unconfined particulate emissions shall be undertaken. If construction on a <br />parcel will not begin within thirty days of clearing, the soil shall be stabilized until <br />construction of the parcel begins. Cleared areas may be sodded, seeded, landscaped <br />or mulched to stabilize the soil. Minimal clearing for access roads, survey lines, <br />fence installation, or construction trailers and equipment staging areas is allowed <br />without the need for soil stabilization. The purpose of this condition is- to minimize <br />dust and dirt production during land clearing and to prevent soil from becoming <br />airborne between the time of clearing and construction. These provisions shall be <br />addressed in any land clearing permit(s) issued by Indian River County for the <br />project. <br />HUMAN RESOUCRERESOURCE ISSUES <br />Schools <br />67. Prior to the issuance of building permits for any phase of development, the developer <br />must obtain a letter from the School District of Indian River County stating that the <br />district has sufficient space and capacity at schools serving the project to adequately <br />meet the educational needs of students expected to be generated by the project, <br />concurrent with need and with any levels of service standards that may apply. <br />68. Prior to the issuance of a land development permit or release of a site plan for the first <br />phase, the developer shall dedicate -convey by warranty deed to Indian River County, <br />free and clear of any liens and encumbrances, the 18 acre site depicted on the master <br />development plan. The dedication conveyance shall be without compensation and <br />shall not be creditable against any future school impact fee. The site shall be cleared, <br />brought up to grade, seeded, and provided with water and sewer connections by the <br />developer prior to the dedication—issuance of a certificate of completion for <br />plrfa ePhase 1. The countyCounty will transfer title to the Indian River County <br />School Board. In addition, the Waterway Village stormwater management system <br />shall be designed to accommodate run-off from the school site. Any reverter clause <br />in the school site <br />dedieeat-ion conveyance shall extend a minimum of 20 years from the date of <br />did -i -c7 conveyance. Any reverter clause used shall be approved by the County <br />Attorney and shall have the property revert to Indian River County for use as public <br />open space or public park area. <br />Police and Fire Protection <br />RM: 7375429: 1 <br />21 <br />
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