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2018-017
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Last modified
9/19/2018 3:34:41 PM
Creation date
9/19/2018 3:34:20 PM
Metadata
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Ordinances
Ordinance Number
2018-017
Adopted Date
09/18/2018
Agenda Item Number
10.A.1.
Ordinance Type
Land Development Regulations
State Filed Date
09\19\2018
Entity Name
Amendment No. 2
Code Number
Chapters 912 and 913
Subject
Affidavit of Exemption Review and Approval Process
AOE
Codified or Exempt
Codified
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ORDINANCE 2018- 017 <br />subdivision or agricultural planned development (P.D.). All provisions of this <br />chapter shall apply. <br />2. Each parcel resulting from the proposed division of land shall contain five (5) or <br />more acres, except as allowed below. When the tract prior to dividing is a size <br />which is not an even multiple of five (5) acres and does not lend itself to division <br />into lots each containing more than five (5) acres, a fractional breakdown resulting <br />in lots of equal size not less than two hundred thousand (200,000) square feet in <br />size qualifies for this exemption provision. <br />3. If road right-of-way is <br />to be created, all requirements of this chapter 913 shall be complied with except for <br />those requirements or provisions specifically exempted in section 913.06(5)(A). <br />4. The applicant shall deed by donation to the county all rights-of-way necessary to <br />comply with the minimum local road right-of-way standards and all streets created <br />are at least the minimum street width required by section 913.09(3)(B). <br />5. Where a common area or private road right-of-way is created, the owner shall <br />establish a landowner's association and simultaneously file a declaration of <br />covenants and restrictions, acceptable in form to the county attorney, in the public <br />records providing for all common areas and rights-of-way to be dedicated to the <br />landowner's association and provisions made for their perpetual maintenance. The <br />plat or recordable map and declaration of restrictions shall contain <br />the following language in bold type: <br />"The common areas and rights-of-way are not dedicated to the public and will not <br />be maintained, repaired or improved by the county." <br />6. The owner shall file a declaration of restrictions prohibiting the voluntary division <br />of land encompassed within the project into lots that are less than two hundred <br />thousand (200,000) square feet in size unless such division is accomplished by <br />filing a plat approved by the county and meeting all standards required of <br />subdivisions under this chapter. <br />7. The owner shall file an "affidavit of exemption" plat or recordable map and any <br />associated recordable documents in the public records prior to dividing the land <br />which shall contain: <br />a. A legal description of the land. encompassed within the project and a certified <br />survey depicting all parcels created by the division, all private and public streets <br />and easements; <br />b. The official book, or plat book, and page number of official records of Indian <br />River County where the items required in paragraphs 3, 4, 5, and 6 may be <br />found; and <br />Bold Underline: Additions to Ordinance <br />Strikefreuglr: Deleted Text from Existing Ordinance <br />
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