HomeMy WebLinkAbout1988-05r ORDINANCE NO. 88 - 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 7(f) OF
APPENDIX B OF THE CODE OF LAWS AND ORDINANCES OF INDIAN
RIVER COUNTY, SUBDIVISION AND PLATTING; REQUIRING A
FINAL PLAT ADVISORY NOTATION REGARDING PRIVATE RESTRIC-
TIONS; ESTABLISHING CONDITIONS REQUIRING THE FILING OF A
COVENANT REGARDING PAYMENT FOR FUTURE UTILITIES SERVICES
IMPROVEMENTS; AND PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE
DATE.
NOW THEREFORE, be it ordained by the Board of County Commis-
sioners of Indian River County Florida, that:
Section 1
Section 7(f)(6) of Appendix B, the Subdivision and Platting
Code, Indian River County Code of Laws and Ordinances is hereby
amended as follows:
(6) COVENANTS, RESTRICTIONS, RESERVATIONS.
(a) All covenants, restrictions or reservations placed by the
developer or required by this ordinance shall appear on the
final plat or be established by separate recorded document,
which documents shall be submitted to the County with the
final plat. If done by separate document, the public record
location of such documents shall be indicated beneath the
subdivision name as follows: "Covenants, restrictions, or
reservations affecting the ownership or use of the property
shown in this plat are filed in Official Record Book No.
Page if
(b) When deemed necessary by the County's utilities department to
ensure the proper future expansion of utilities services, a
covenant document shall be filed with the plat that includes
the following statement: "In the future, when a potable
water distribution and/or a wastewater collection system
becomes available to service the subdivision, service improve-
ments and connections shall be made by the homeowners'
association, or by the property owners, to all lots and shall
be paid by the homeowners' association or by the property
owners". All deeds conveying properties within the sub-
division shall reference the covenant document.
CODING: Words in WA¢XftAtOi to type are deletions from existing
law; words underlined are additions.
r
ORDINANCE NO. 88 - 5
Section 2
Section 7(f)(5)W. of Appendix B, the Subdivision and Platting
Code, Indian River County Code of Laws and Ordinances is hereby
amended as follows.
The following statements shall be noted on the plat in a
prominent place:
"NOTICE: No construction, trees or shrubs will be placed in
easements without county approval", and
"NOTICE: There may be additional restrictions that are not
recorded on this plat that may be found in the public records
of this County".
Section 3
All previous ordinances, 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 Acts of the
legislature 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
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
CODING: Words in 04t409 960,Aft type are deletions from existing
law; words underlined are additions.
Section 5
ORDINANCE NO. 88 - 5
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 been the
legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
Section 6
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissibrf6rs of
I'd -
did
? r
Indian River County, Florida on this 19thday of � T
'
1988. �fl
r 1 ,.;
BOARD OFA;: COUNTY, COMMISSIONERS<'
OF INDIAN <RI.VER= COUNTY, F-L02IDA
M :a
BY : ✓ F.
fit G. `
Don C . Scurlock, ;Jr At
haman
,.
Acknowledged by the Department of State of the'•= -State of
Florida this 1st day of February 19880
EFFECTIVE DATE: Acknowledged from the Department of State
received on this 4th day of February 1988 at 10.00
AM/PM and filed in the office of the Clerk of the Board of County
t�dffimissioners of Indian River County, Florida.
William G. Collins II
Assistant County Attorney
APPROVED AS TO PLANNING
MATTERS
Ro ert M. Kea ifi , ctor
Planning & Deve op e