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ORDINANCE 2023- 001 Those development projects, located in the St. John's Marsh and within either the Terra Ceia, Holopaw, Delray, Canova, Gator, or Floridian soil types (as described in the United States Department of Agriculture Soil Conservation Service Soil Survey of Indian River County, latest edition) for which a cut and fill waiver has been granted by the board of county commissioners. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. d. Development located within the Vero Lake Estates Municipal Services Taxing Unit as referenced in Ordinance No. 84-81, for which a cut and fill waiver has been granted by the board of county commissioners. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. e. Commercial or industrial development located within a commercial/industrial (C/n area. In the public interest of promoting economic development in targeted industries and in recognition of the limited impacts of commercial/industrial development to base flood elevations within and adjacent to commercial/industrial areassuch development is waived from the cut and fill requirements of this subsection. To qualify for this waiver, all of the following requirements must be met: i. The base flood volume may not be displaced by more than 500 cubic yards per acre, and the development site must be under five (5) acres in size. ii. A formal site plan implication through the Community Development Department must be submitted for the respective development. iii. A formal engineering analysis, provided by a licensed professional engineer, is required to demonstrate that no onsite or offsite drainage impacts will result. The analysis must be recorded into public record as part of the property's formal record. iv. The site is located in a Commercial/Industrial Zoning District at the time of the waiver adoption. Notwithstanding this cut and fill waiver, such commercial or industrial development shall be subiect to all other applicable stormwater management and flood protection regulations in this chapter. No structure or fill shall be permitted within the limits of the floodway of the St. Sebastian River, South Prong except as provided by [section] 930.07(2)(a)3.a. 0)