HomeMy WebLinkAbout1986-68ORDINANCE NO, 86- 68
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTION 212-7(b)(1),
STORMWATER MANAGEMENT AND FLOOD
PROTECTION PERMIT (TYPE B), PROVIDING
AUTHORIZATION FOR THE BOARD OF COUNTY
COMMISSIONERS TO WAIVE THE CUT -AND -FILL
REQUIREMENTS FOR A TYPE B STORMWATER
MANAGEMENT PERMIT -UPON A SHOWING THAT
THE DEVELOPMENT IS SITUATED IN AN
ESTUARINE ENVIRONMENT AND THAT THE
PROJECT AS DESIGNED WILL PROVIDE
INCREASED FLOOD PROTECTION. TO THE
DEVELOPMENT SITE AND WILL NOT CREATE A
MATERIAL ADVERSE IMPACT ON OTHER LANDS
IN THE ESTUARINE ENVIRONMENT; PROVIDING
FOR SEVERABILITY, CONFLICTING PROVISIONS
AND EFFECTIVE DATE,
BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that:
SECTION 1
Section 212-7(b)(1), Code of Laws and Ordinances
of Indian River County, is hereby amended as follows:
(b) Stormwater management and flood protection
permit (Type B). When a development project is determined
to be within a flood hazard zone according to the procedure
set forth in subsection (a)(19) (a through f), a Type B
Permit shall be required and the project shall be reviewed
under the criteria of subsection (a) and must meet the
following additional criteria,
(1) Except for those development projects within
the one -hundred -year flood plain along the
Indian River, an equal volume of storage
capacity. must be created for any volume of
the regulatory flood that would be displaced
by f`ill'or structures. For those development
projects within the one -hundred -year flood
plain of the Indian River, an equal volume of
storage capacity must be created for any
volume of the regulatory flood that would be
displaced by fill or structures .below
elevation 4.0 feet NGVD or the ten-year flood
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are deletions.
ORDINANCE NO. 86- 68
elevation which has been determined by FEMA,
whichever is greater. Provided, however,
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that the Board of County Commissioners may,
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in its discretion, grant a waiver from the
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provisions of this subsection upon the
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affirmative showing of the applicant, by
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means of a competent engineering study, that
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the development project is situated in an
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estuarine environment and that the
development project, as designed, will meet
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all other requirements of the stormwater
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management and flood protection ordinance and
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will not create a material adverse impact on
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flood protection on other lands in the
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nctliarinn nnwirnmmant
Severability
If any Section, or if any sentence, paragraph,
phrase, or word of this Ordinance is for any reason held to
be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this Ordinance,
and it shall be construed to have been the legislative
intent to pass the Ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 3.
Conflicting Provisions
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In case of a conflict between the provisions of
this Ordinance and prior ordinances, the prior ordinance
shall be deemed repealed to the extent of such conflict.
SECTION 4
Effective Date
This Ordinance shall become effective upon receipt
from the Secretary of State of the State of Florida of
official
acknowledgment
that this
Ordinance has
been filed
Department
with
the
of State.
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are deletions.
ORDINANCE NO, 86-68
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this ].th
day of October 19860
This Ordinance was advertised in the Vero Beach
Press -Journal commencing on the 24th. day of September
1986, for a public hearing to be held on the 14th day of
October, 1986, at which time it was moved for adoption by
Commissioner Lyons seconded by Commissioner
Bird and adopted by the following vote:
Commissioner Don C. Scurlock, Jr. Aye_
Commissioner Patrick B. Lyons Ave
Commissioner Richard N. Bird Aye_
Commissioner Margaret C. Bowman Aye_
Commissioner William C. Wodtke, Jr. Absent
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By G
on 0 ecu lock, r.
Chairman
Attest By��=�/�-�
Breda-_.9ar i_ght---
Clerk- '
Acknowledgment by the Department of State of the• -State of
Florida, this 21stday of October 1986•
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Effective date: Acknowledgment from the Department of State
received on this 24th day of October 1986, at 11:00
a.m./p.m. and filed in the Office oT` the_ Clerk of the 13oard
of County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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Bruce Barkett
Assistant County Attorney
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are deletions,