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Home My WebLink About1988-33ORDINANCE N0. 88 - 33 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 10(e) OF APPENDIX B OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR SPECIAL STANDARDS, AND EXEMPTIONS FOR SIDEWALK REQUIREMENTS APPLIED TO NON-RESIDENTIAL PROJECTS, AND SECTION 23.3(e)(5) OF INDIAN RIVER COUNTY, KNOWN AS THE SITE PLAN ORDINANCE; AND PROVIDING FOR REPEAL OF CON- FLICTING PROVISIONS, CODIFICATIONS,, SEVERABILITY,, AND EFFECTIVE DATE. NOW, THEREFORE, be it ordained by the Indian River County Board of County Commissioners that: Section 1 Section 10(e) of Appendix.B of the Code of. Laws and Ordinances of Indian River County, Florida, known -as the site plan ordinance, be amended to read as follows: "(e) Sidewalks. (1) [Placement and construction].. Placement and con- struction of sidewalks and sidewalk improvements shall conform to the adopted sidewalk and bikeway plan, and to requirements in the applicable zoning district regu- lations. (2) Locations. Sidewalks shall be provided within new subdivision project sites and along road rights-of-way adjacent to projects, as follows.. a. All subdivisions shall provide sidewalks along the entire frontage of adjacent roads designated by the thoroughfare plan as arterials or collector road- ways (including subdivision collector or subdivi- sion_feeder roads), unless otherwise indicated by the sidewalk and bikeway plan. Projects may be exempted from this requirement upon a determina- tion, by the public works and community development directors, that the need for providing a side- walk(s) along the adjacent road right(s)of-way frontage of a site is precluded by physical or design constraints. b. All subdivisions shall provide sidewalks along the entire frontage of all adjacent roads designated =by the sidewalk and bikeway plan as being school access routes, and c. Sidewalks shall be.located along the entire front- age of all adjacent local streets., and on both sides of all interior local streets within a subdivision except where: 1. Within residential subdivisions a street segment terminates in a cul-de-sac where a future extension of the street beyond the cul-de-sac is not needed as determined by the county traffic engineer. In such cases no sidewalks shall be required. 2. The density. within the subdivision, if a residential subdivision,is not greater than three (3) -units per acre. In such cases no sidewalks shall be requiredl. 3. The subdivision is zoned For, commercial or industrial uses, and the community development CODING: Words in OttIAOXftXtO 49 type are deletions from existing lawe. words underlined are additions. ORDINANCE NO. 88 - director and the public works director approve an exemption based upon one"or more of the following criteria: a. it is anticipated that the use(s) will not attract or generate significant pedestrian traffic; be a nearby existing or planned sidewalk will adequately serve anticipated.. pedes- trian traffic attracted or generated by the subdivision; ce the anticipated use(s) or vehicular traffic characteristics of the subdivi- sion are incompatible with pedestrian traffic; do the location of the subdivision is such that it is anticipated that sidewalks could not be effectively integrated into an existing or planned sidewalk system; e. the developer provides for an alternate route and/or improvement that adequately accommodates pedestrian traffic and movement and coordinates with existing and planned sidewalks. Decisions by the community development director and the public works director to approve, approve with conditions, or deny an exemption request may be appealed to the Planning and Zoning Commission. Planning and Zoning Commission decisions regarding exemption requests may be appealed to the Board of County Commissioners. NOTE: these exemptions, 1-3, apply to local streets only, and do not apply to any collector or subdivision feeder roads as designated by the thoroughfare plan or the public works and community development directors. (3) Specifications. All sidewalks shall: Be located outside of the roadside recovery area unless protective devices nonmountable curbs). Have a curb cut and ramp foz intersections as specified in Standard Specifications. Be constructed -in accordance County Standard Specifications are provided (i.e. wheelchairs at all Indian River County with Indian River The Board may require that additional right-of-way and pavement at schools, shopping centers, parks and other high pedestrian traffic sites be provided and dedicated to the county as may be necessary to facilitate antic- ipated higher pedestrian traffic. (4) Construction prior to final inspection. Sidewalks shall be installed prior, to final inspection of the subdivi- sion improvements. The Board shall have the discretion to grant the applicant a two-year period, after final inspection of subdivision improvements, to construct sidewalks if the applicant posts construction security in the amount of one hundred fifteen (115) percent of the construction costs (Ord. No. 86-70, 7, 10-28-86; Ord, No. 88-9, § 1, 2-16-88)." CODING: Words in t o¢gftX4004X type are deletions from existing law, words underlined are additions. ORDINANCE NO. 88 Section 2 Section 23.3(e)(5) of Appendix A of the Code of Laws and Ordi- nances of Indian River County, Florida, known as the site plan ordinance, be amended to read as follows: "(5) Pedestrian movement. a. Separation of vehicular and pedestrian traffic. Parking and loading areas, as well as driveways and other vehicular circulation areas shall be clearly identified and separated from principal pedestrian routes through: the use of curbs, pavement markings, planting areas, fences or similar features designed to promote pedestri- an safety. b. Sidewalks. 1. Provisions for sidewalks and sidewalk improvements shall conform to the requirements specified in the adopted sidewalk and bikeway plan, and to require- ments in the applicable zoning district regu- lations, and to the sidewalk location, requirements specified in Section 10(e)(2) of the subdivision and platting ordinance. For purposes of applying the location requirements of Section 10(e)(2) to site plan projects, the word "site" shall be substituted for the word "subdivision". Section 3 All previous ordinance,.resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Arts of the legisla- ture applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 4 'The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "sec- tion", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. Section 5 .4, If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, unoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have beenkthe legis- lative intent to pass this ordinance without such unconstitution al, invalid or inoperative part. CODING: Words in Ot)1A¢X tXj 0044 type are deletions from existing law, words underlined are additions. 1i v Section 6 ORDINANCE NO. 88A- 33 The provisions of this ordinance shall.become effective upon receipt from the Florida Secretary of State of official acknowl- edgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 23 day of August ,. 19880 0 AlL BOARD OF COUNTY : COMM,I S S IONERS <., . OF INDIAN REVER //COU//NTY, FL0RAI�DA _ Vv��!�- `-cam roi B Y : ,! f ,. , Gary C. ee'er;`y.Vice Chairman s ^; c.: {r N .. . A A Acknowledged by the Department- of State: ":,of the State of Florida -this 29th day of August 1988. f 'EFFECTIVE DATE: Acknowledge from the Department of State received on this 2nd day of September , 1988 at _10:00 AM/PM and filed in the office of ,the Clerk of the Board of County Commis- sioners of Indian River.County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY ��t (��-P- � �-_ William. G. Collins II Assistant County Attorney Z" y 0, Xzw'e - Robert M.Xe'at ng irector Planning & Develo ent CODING: Words in Of"OjfXje00tX type are deletions from existing law, words underlined are additions. County Indian River (existing regs.) Brevard Broward Dade Hillsborough Lee Martin Orange SIDEWALK.RESEARCH RESPONSE MATRIX SIDEWALKS REQUIRED ALONG: Waiver for All Higher Density Res. Comm./Ind. Comm./Ind. Major Roads Local Roads Local Roads Local Roads Yes Yes Yes No No Yes Yes: Comm. No No: Ind. Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes: Comm. Yes No: Ind. Yes Yes No N/A Yes Yes Yes Yes