HomeMy WebLinkAbout1987-121-27-87(ORDIII)PDD(Brt)
INDIAN RIVER COUNTY ORDINANCE NO. 87-12
AN ORDINANCE OF THE BOARD OF COUNTY COMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
STORYMTER MANAGEMENT AND FLOOD PROTECTION
ORDINANCE,CHAPTER 211 OF •DOF
ORDINANCESOF DE- COUNTY,TO INCORPORATE
THE REVISED FEDERAL NATIONAL FLOOD INSURANCE
PROGRAM REQUIREMENTS9 PROVIDING FOR Da+ •
AMENDING REVIEW CRITERIA FOR ALL DEVELOPMENT
PROJECTS, AMENDING REQUIRED INFORMATION FOR PERMIT
APPLICATIONS; PROVIDING FOR THE REPEAL OF CONFLICTING
I CODIFICATIONS,; SEVERABILITY AND
JUT 101IVE DATE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that:
SECTION 1. SHORT TITLE
This ordinance shall be known as the Indian River County
Stormwater Management and Flood Protection Ordinance.
SECTION 2. PURPOSE
The purpose of this ordinance is to protect the health,
safety, and welfare of the citizens of Indian River County, to
implement those policies and objectives found in the drainage
element of the County's Comprehensive Plan; too ensure protection
of land and improvements together with natural resources through
the use of responsible stormwater management and flood protection
practices; and to ensure replenishment of the County's aquifer
systems to provide a continuing usable water supply.
SECTION 3. RULES OF CONSTRUCTION
The requirements of this ordinance are intended to complement
regulations of the Florida Department of Environmental Regulation
including but not limited to those found in Florida Administrative
Code, Chapter 17-25, Regulation of Stormwater Discharge, Chapter
17-3, and Chapter 17-4, and the Stormwater Rules of the St. Johns
River Water Management District, all as adopted or as may be
amended from time to time. A FAC Chapter 17-12 Dredge and Fill
Permit may be required. Approval of a stormwater management system
under this ordinance shall not relieve any applicant of the
necessity to obtain required permits or approvals from other
state, regional, or local agencies, including specifically, but
not -limited to, observance of DER permitting requirements for use
of the "landward extent of waters of the state", as that term is
defined by Florida Administrative Code, Section 17-4.02 (17). In
the event of a conflict between this ordinance and any other law
or regulation, this ordinance shall be interpreted to avoid the
conflict when possible. If there is an irreconcilable conflict,
the agency rule shall prevail. If this ordinance is more
restrictive, the provisions hereunder shall, prevail and no
conflict will be considered to exist.
CODING: Words in�Eut¢b�/¢1�$ type are deletions from
existing law, works underlined are additions.
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SECTION 4. DEFINITIONS
Abutting Property - Property that is immediately adjacent or
contiguous to property that is subject to review under this
ordinance or property that is located immediately across any road
or public right-of-way from the property subject to review under
this ordinance.
Accessory Structure - A structure of a nature customarily
subordinate or incidental in size and use to the principal struc-
ture and located on the same site. Examples are tool sheds,
garages, and greenhouses.
Adverse Impacts - Any modifications, alterations or effects
upon a feature or characteristic of water or floodprone lands,
including but not limited to the quality, quantity, hydrodynamics,
surface area, living resources, aesthetics or usefulness for human
or natural uses of said water or flood prone land, which are, or
potentially may be harmful or injurious to human health, welfare,
safety or property, or which unreasonably interfere with the
enjoyment of life or property, including outdoor recreation. The
term includes secondary and cumulative as well as direct impacts.
Agricultural Lands - Those lands in any bonafide agricultural
use.
Alter or Alteration - Any work beyond maintenance of the
original condition including additions to an existing system,
changes of any part of an existing system to capacities or
locations different from those originally constructed, and changes
in the rate, volume, or timing of discharges.
As -Built Plans - Amended construction drawings specifying the
actual locations, dimensions, elevations, capacities, and capabil-
ities of structures and facilities as they have been constructed
on or under the site.
Building - An enclosed structure that is principally above
ground. The term includes mobile homes and gas or liquid storage
tanks.
Coastal High Hazard Area - Means the area subject to high
velocity waters caused by, but not limited to, hurricane wave wash
(surge) or tsunamis. The area is designated on a Federal Emer-
gency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) as
zones V1 through V30.
Construction (or Start Of) - Any on-site activity including
land clearing, earth moving, or the erection of structures.
"Start of Construction" (for other than new construction or
substantial improvements under the Coastal Barrier Resources Act
(Pub. L. 97-j48), includes substantial improvement, and means the
date the building permit was issued, provided the actual start of
construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The actual
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start means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure.
Construction Plans or Drawings - The engineering drawings,
specifications, tests, and data necessary to show construction of
the improvements.
Control Elevation - The lowest elevation at which water can
be released through the control device.
Detention (or to Detain) - The collection and temporary
storage of sto.rmwater in such a manner as to provide for treatment
through physical, chemical, or biological processes with
subsequent gradual release of the stormwater to the receiving
waters, in which the capacity for the specified treated volume of
stormwater is restored within 72 hours following a storm event.
On-line detention is temporary storage along the axis of the
drainage system, whereas "off-line" detention is temporary storage
at a location away from the system's direct path.
Development Project - Any intentional man -caused change or
improvement to land which increases the amount of impervious cover
or results in the change in elevation of any portion of the land
or changes the existing stormwater system and flood management
system. A development project shall include but shall not be
limited to all projects which require site plan or subdivision
approval under the County Code.
Discharge - The outflow of water from a project site,
drainage basin or other facility.
Drainage System (Artificial) - Any canal, ditch, culvert,
dike, storm sewer or other man-made facility which tends to
control the surface flow of water.
Drainage System (Natural) - Surface streams or marshes which
convey water to natural points of drainage.
Elevations - Heights in feet expressed in relation to mean
sea level and referenced to the National Geodetic Vertical Datum
(NGVD) .
Estuarine Environment - Those lands contiguous and adjacent
to the Indian and Sebastian Rivers where saturation with water is
the dominant factor determining the nature of soil development and
the types of plant and animal communities living in the soil and
on its surface.
Existing Development - Any development, improvement or
impervious surface existing on a project site at the time of
request for site plan approval.
Filtration or to Filter - The selective removal of suspended
matter from stormwater by passing the water through at least 2
feet of suitable fine -textured granular medium such as porous
soil, uniformly graded sand and gravel or other natural or
artificial aggregate, which may be used in conjunction with filter
fabric or underdrain pipe or both.
Flood or Flooding - A general and temporary condition of
partial or complete inundation of normally dry land areas from
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation of runoff of
surface waters from any source.
Flood Insurance Rate Map (FIRM) - An official map of a
community, on which the Federal Emergency Management Agency has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
Flood Insurance Study - The official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the flood boundary-floodway map and the water
surface elevations map and the water surface elevation of the base
flood.
Floodway - The normal channel of a watercourse and the
adjacent land areas that must remain unobstructed to convey the
regulatory flood discharge_ without raising flood elevations above
specified levels as determined in Section 7 A (19) (d).
Floor - Any floor (including basement) useable for living
purposes which include working, sleeping, eating, cooking, or
recreation, or a combination thereof.
Hydrograph - A graph of discharge, or, for the purposes of
this ordinance, volume of stormwater, versus time for a selected
outfall point.
Impervious Surface - A surface which is highly resistant to
infiltration by water. It includes surfaces such as compacted
sand, limerock, or clay, as well as most conventionally surfaced
streets, roofs, sidewalks, parking lots and other similar
structures. Water surfaces such as lakes shall be considered
impervious for runoff calculations.
Legal Positive Outfall - The availability of a permanent and
legally established water course or similar facility or means
which has the hydraulic capability of conveying the stormwater
discharge from a development project to receiving waters
downstream. "Legally established water course" refers to a water
course which is established by an expressed easement, plat
dedication, or other documentation, or implied easement or
servitude as may be demonstrated to exist in accordance with
Florida Law.
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Lot - A lawful building site. Such building site may consist
of all, portions or combinations of land parcels described by
metes and bounds, quarter section descriptions, lots shown on a
subdivision plat, or any other legally described building site.
Lowest Floor-
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lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for
parking of vehicles, building access or storage, in an area other
than a basement area, is not considered a building's lowest floor,
provided, that such enclosure is not built so as to render the
structure in violation of the applicable non -elevation design
requirements of this ordinance.
Maintain or Maintenance - To •keep in an acceptable state of
performance and repair and, when referring to the height of
grasses in a stormwater management tract or facility, it means to
keep at a height of twelve (12") inches or less above the ground.
Mangrove Stand - An assemblage of one or more of the
following species: Black Mangrove (Avicennia nitida); Red
Mangrove (Rhizophora mangle); white Mangrove (Laguncularia
racemosa); and Buttonwood (Conocarpus erecta).
Manufactured
Home Park
or
Subdivision
- A parcel (or
contiguous parcels)
of land divided
into
two
or more manufactured
home lots for rent
or sale.
Manufactured Home - A structure, transportable in one or more
sections, which is built on a permanent chassis and is designed
for use with or without a permanent foundation when connected to
the required utilities. For flood plain management purposes the
term "manufactured home" also includes park trailers, travel
trailers, and other similar vehicles placed on a site for greater
than 180 consecutive days. For insurance purposes the term
"manufactured home" does not include park trailers, travel
trailers, and other similar vehicles.
Master Stormwater Management Plan or Master Plan - An
engineering plan, written report, or engineering drawings
outlining the primary and secondary drainage and stormwater
treatment facilities needed for the proper development of a
specific increment of the unincorporated area of Indian River
County.
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National Geodetic Vertical Datum(NGVD) - As corrected in
1929, a vertical control used as a reference for establishing
varying elevations within the floodplain.
Person - Any individual, corporation, partnership, limited
partnership, trust, or other organization or business entity.
Regulatory Flood - The one hundred year flood, i.e., the
flood that has one percent probability of being equalled or
exceeded in any given year, as indicated on the official County
flood hazard map.
Retention or To Retain - The prevention of, or to prevent the
discharge of a given volume of stormwater runoff into surface
waters of the state by complete on-site storage where the capacity
to store the given volume of stormwater is restored within 72
hours following the storm event. The required storage volume must
be provided by a decrease of stored water caused by percolation
through soil, evaporation, evapotranspiration, or spray
irrigation. Retention shall be "off line" (i.e. outside of the
primary drainage path), unless it demonstrated by the applicant
that water quality in the receiving waters will not be adversely
impacted by "on-line" retention. Wet retention refers to an area
the lowest elevation of which penetrates the dry season
groundwater table. Dry retention refers .to an area the lowest
elevation of which lies at least two (21) feet above the wet
season groundwater table.
Sediment - Fine particulate material which is capable of
gravity settlement, whether mineral or organic, and which is in
suspension or has settled in a waterbody.
Site - Any tract, lot or parcel of land or combination
thereof where development is to be performed as part of a unit,
subdivision, or project.
Stormwater and Flood Management System - A system of natural
or artificial waterbodies or watercourses which stores or conveys
water.
Structure - That which is built.
Subdivision - A subdivision as defined by the County's
subdivision and platting regulation ordinance.
Substantial Improvement - Any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
fifty (50) percent of the market value of the structure either,
(a) before the improvement or repair is started, or (b) if the
structure has been damaged, and is being restored, before the
damage occurred. For the purposes of this definition "substantial
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improvement" is considered to occur when the first alteration of
any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure, The term does not, however, include
either [1] any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions or [2] any alteration of a structure listed on the
National Register of Historic Places,
System - A dam, impoundment, reservoir, appurtenant work or
works, or a combination thereof, that is intended to provide
drainage, water storage conveyance, prevent or impair inundation,
or other water management capabilities in and for a discrete area
or a work that traverses waters in the County, A system may be
designed and constructed in phases,
Thoroughfare Plan - The official map of present and future
streets adopted by the Board of County Commissioners,
Undeveloped Condition - The project site in its naturally
existing unimproved state.
Water - All water on or beneath the surface of the ground
including natural or artificial water courses, lakes, ponds, or
diffused surface water and water standing, percolating or flowing
beneath the surface of the ground, as well as all coastal waters
within Indian River County,
Waterbody - Any natural or artificial pond, lake, reservoir
or other area which ordinarily or intermittently contains water
and which has a discernible shoreline,
Watercourse - Any natural or artificial channel, ditch,
canal, stream, river, creek, waterway or wetland through which
water flows in a definite direction, either continuously or
intermittently, and which has a definite channel, bed, banks or
other discernible boundary,
Watershed - A drainage area or drainage basin contributing to
the flow of water into a receiving body of water.
Wetland - That portion of the following categories of waters
in Indian River County where one or a combination of the
vegetative species listed in Section 17-4.02 (17), F.A.C. are
dominant plant species:
(a) Rivers and natural tributaries thereto,
(b) Streams and natural tributaries thereto;
(c) Bays, bayous, sounds, estuaries and natural
tributaries thereto,
(d) Lakes, impoundments, and ponds, except those owned
entirely by one person;
(e) Atlantic Ocean,
(f) Areas inundated by water for 30 days or more per
year,
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SECTION 5. PROHIBITED ACTIVITY
A. It shall be illegal and subject to the penalties
provided herein for any person to construct, or arrange for,
authorize, or participate in the construction of a development
project within the unincorporated area of Indian River County
without first obtaining a valid permit to construct either a
Stormwater Management System (hereinafter referred to as a Type A
Permit), a Flood Protection-Stormwater Management System, when
applicable, (hereinafter referred to as a Type B Permit), or a
Flood Management System (hereinafter referred to as a Type "C"
Permit), when applicable, pursuant to this ordinance.
Be It shall be. illegal and subject to the penalties
provided herein for any person to construct any structure in such
a manner as to impede the functioning of a drainage system that
is.
10 publicly maintained or
2* located on private property and is a part of a drainage
system serving more that one owner when such system is located in
an easement which exists for the benefit of other land owners. A
structure which meets the requirements of the Indian River County
Standard Specifications for the construction of public facilities
shall be presumed not to impede the functioning of the drainage
system.
SECTION 6. Exemptions
A. The following activities shall be exempt from the
permitting requirements of this ordinance.
(1) The construction of an individual detached single family
residence or duplex residence together with accessory structures,
provided that said residences and accessory structures are not
located in Flood Hazard Zones as determined in Section 7 A (19)
(a -fl. When located in a Flood Hazard Zone, the applicant shall
be required to obtain a Flood Management System permit (Type C)
which shall be issued upon the applicant demonstrating compliance
with Section 7 B (1-14) .
(2) Bonafide agricultural uses except when an artificial
drainage system will be used to increase the flow of surface water
from the applicant's land to a County maintained drainage system,
or when the particular agricultural use requires site plan
approval.
(3) Maintenance work performed on existing mosquito control
canals or impoundment areas.
(4) Any maintenance, alteration, renewal, repair, use or
improvements of an existing structure which does not change or
affect rate or volume of stormwater runoff or the construction of
any structure or addition thereto which does not create an
impervious surface exceeding ten (10%) percent of the site or
5,000 square feet, whichever is less.
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(5) All activities by a water management district, drainage
district, or water control district established under the laws of
the State of Florida and all activities undertaken by the State of
Florida, Indian River County,. or any incorporated municipality
within Indian River County, within their respective easements and
right-of-way.
(6) Any activity or development project which can be demon-
strated by the applicant in accordance with Section 15 hereof to
have vested rights.
Be Emergency Exemption.
(1) This ordinance shall not be construed to prevent the
doing of any act otherwise lawful and necessary to prevent
material harm to or destruction of real or personal property as a
result of a present emergency, including but not limited to fire,
infestation by pests, or hazards resulting from violent storms or
hurricanes or when the property is in eminent peril and the
necessity of obtaining a permit is impractical and would cause
undue hardship in the protection of the property.
(2 ) A report of any such emergency action shall be made to
the Division of Public Works by the owner or person in control of
the property upon which emergency action was taken as soon as
practicable, but not more than -ten (10) days following such
action. Remedial action may be required by the Director of Public
Works subject to appeal to the County Commission in the event of
dispute.
SECTION 7. REVIEW CRITERIA FOR ALL DEVELOPMENT
PROJECTS
A. Stormwater Management Permit (Type A).
All development projects are required to obtain.a Type A
Permit, No Type A Permit to construct a development project shall
be issued unless the following criteria are met:
(1) The design of the on-site stormwater management system
shall be based at a minimum on a 10 -year frequency 24-hour
duration storm event, however, the applicant shall also provide
data indicating the effects of a 25 -year frequency 24-hour
duration storm event on the development project as proposed. The
design of any off-site stormwater management system improvements
shall be based upon a 25 -year frequency 24-hour duration storm
event. The modified Type 2 SCS Rainfall Distribution shall be
used.
(2) The hydrologic computations for the stormwater
management system shall be based on full hydrograph generation for
the development project and contributory area utilizing such
methods as published by the Soil Conservation Service (USDA, SCS,
"Natural Engineering Handbook", Section 4, Hydrology: 1972 and
"Urban Hydrology for Small Watersheds", Technical Release No. 55:
1975). For projects of less than 12.0 acres, the rational method
of runoff computation is satisfactory. The rainfall intensity -
duration curves provided in Appendix A. attached hereto, are
hereby incorporated as a part of this ordinance and shall be used
in making all required hydrologic computations.
(3) Retention or detention with filtration of the runoff
from the first 1" of rainfall shall be provided on site.
Detention with filtration or retention shall be provided on site
for additional stormwater runoff generated by the development
project over and above that generated by the site prior to the
proposed development unless there is a legal positive outfall
available which has sufficient capacity to accept the additional
runoff.
(4) Retention or detention facilities shall be constructed
in such a manner as to maximize utilization of available perco-
lation capabilities on the site for recharge enhancement and to
minimize mosquito breeding by being shallow, shall be easy to
maintain, and shall have a skimmer mechanism if required by the
SJRWMD. Stormwater Management facilities shall not penetrate the
groundwater table unless the following criteria are met:
(a) The application provides a water quality certifi-
cation from the SJRWMD or Florida DER that the direct connection
to the groundwater table, as proposed, will not significantly
detract from the quality of the groundwater. If the size of the
development project is below SJRWMD or DER thresholds, this
certification can be waived;
(b) Dry retention/detention at the site is not appro-
priate. The applicant's engineer or groundwater hydrologist shall
provide a certified statement that soils are not suitable for dry
retention/detention. Site supporting soils testing shall be
included,
(c) The, site is not located on the primary sand ridge
or designated aquifer recharge area as delineated by the County's
Environmental Planner,
(d) Side slopes are 4' horizontal to 1' vertical and
properly vegetated to 2' below the control elevation.
(5) Discharges from the development project shall be handled
to a point of legal positive outfall. Tailwater stages of the
receiving waters, as reported in the Master Plan or as generated
from data in the Master Plan, must be taken into account in
design. Enlargement of existing downstream facilities may be
required.
(6) The bottom of dry retention areas shall be sloped at a
minimum .2% to a permeable drain. A dry detention area shall have
an outlet device, and shall not be lower than the elevation of the
off-site receiving channel or water body.
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(7) Where permitted, open drainage -ways shall retain
natural design characteristics and be so designed and protected
that they do not present a hazard to life or property. The design
shall include measures to protect against scour and erosion and
provide for stable side slopes. Whenever possible, such waterways
shall provide for adequate flushing action by prevailing winds and
currents to assure the prevention of stagnant water and debris
accumulation.
(8) Disposition of Stormwater Runoff - The stormwater
management system for development located predominantly on
excessively drained soils should maximize stormwater infiltration.
This shall be accomplished through the use of bottomless inlets,
perforated pipe, grading to retard runoff, natural or artificial
retention or detention basins, or other methods, depending on the
characteristics of the land area. Specific guidelines are as
follows
(a) Areas and lots shall be developed to maximize the
amount of natural rainfall which is percolated into the soil and
to minimize direct overland runoff into adjoining streets and
water, courses. Stormwater runoff from roofs and other impervious
surfaces should be diverted into swales, or terraces on the lot.
(b) Street drainage shall be by grassed swales or curb
and gutter in accordance with County specifications, provided all
curb and gutter systems shall discharge or direct water into or
across a grassed swale area or other filtering medium.
(c) Whenever practical, as indicated by soil character-
istics, water table elevation, and topography, the overflow from
any swale used shall be diverted to percolation areas, ponding
areas or natural or artificial seepage basins of sufficient
capacity to retain and provide for the maximum infiltration of
stormwater runoff from each drainage area for the design storm.
(d) Whenever practical, except in those development
projects where temporary ponding is allowable pursuant to Section
7 (A) (12), each percolation or retention area shall include
positive drainage facilities which provide for drainage to public
outfalls or a lake, or water course, to handle the runoff from
storms of longer duration and severity.
(e) The area surrounding retention or detention basins
is recommended to be used as public or private open space and
shall be grassed.
(f) The Soil Survey of Indian River County, Florida,
published by the U.S. Department of Agriculture, as made avail-
able, shall be the document to determine soil classification in
this ordinance.
(9) Material Specifications for Culverts and Storm Sewers.
The following pipe materials are acceptable:
(a) Reinforced concrete pipe, bituminous coated
corrugated steel pipe, aluminum pipe, aluminum pipe arch;
bituminous coated structural plate steel pipe, and bituminous
coated steel pipe arch. PVC pipe shall be acceptable only for
installations in a privately maintained system and only if of
appropriate loading criteria for the intended use.
(b) Workmanship and pipe materials shall conform to DOT
Standard Specifications, latest edition.
(c) Concrete pipe shall be used under County right-
of-way pavement and into salt water outfalls, however, aluminum
pipe may be approved if appropriate soil conditions exist and
proper installation procedures are insured. Concrete for rein-
forced concrete box culverts shall conform to DOT's Standard
Specifications, latest edition.
(10) Inlets - Design and spacing of inlets shall be in
accordance with Florida DOT's Standard Specifications or Indian
River County Specifications.
(11) Drainage Structures - All cross drains and storm sewers
shall have headwalls, flared -end sections, or terminating
structures in accordance with County Standard Specifications or
Florida DOT's Specifications. Endwalls, inlets, or other
appropriate terminating and intermediate structures, and backflow
devices may be required where necessary. Exfiltration systems
shall be equipped with clean outs at all terminating points.
(12) Temporary ponding is allowable in areas specifically
designed with high percolation rates (such as east of SR A -1-A on
the Barrier Island) so that ponding does not last more than eight
(8) hours.
(13) Materials used in drainage facilities which cross,
traverse, or encroach major roads as depicted on the Indian River
County Thoroughfare Plan shall be concrete designed for a fifty
(50) year life.
(14) All stormwater facilities shall be established in
dedicated water management tracts, easements or specified common
areas. Condominium documents, deed restrictions, or other legally
binding instruments shall describe the location of such areas,
specifically define the the mechanism for preservation of and
maintenance of any private drainage systems, and shall appoint an
entity responsible for maintenance and preservation. All water
management tracts shall include a maintenance berm, with a slope
not steeper than 8 foot horizontal to 1 foot vertical. In
addition such facilities, as well as open channels and ponds,
shall have an easement for access to and around the perimeter for
maintenance. Retention or detention facilities above and below
the designed high water elevation shall be graded to slopes not
steeper than 4 foot horizontal to 1 foot vertical.
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Dry retention slopes and wet retention slopes above the design low
water elevation shall be grassed or otherwise stabilized.
Retention or detention ponds in high traffic areas shall be
fenced.
(15) In watershed areas where the County has adopted a
Stormwater Management master plan, all proposed facilities shall
be in conformance with the adopted plan.
(16) Stormwater systems connected to local 298 Drainage
Districts' facilities shall be designed with consideration given
to the capacity of the District's overall system and shall be
compatible with the objectives of each District.
(17) Rainfall runoff from roads, parking lots, roofs, and
other impervious surfaces shall be directed to areas where
percolation into the soil can be accomplished prior to introduc-
tion into any off-site receiving facilities. Pervious area on
line shall be covered with grass or suitable ground cover which
has effective filtering characteristics.
(18) (a) The stormwater management system shall handle all
stormwater that flows into, through and from the project without
creating adverse impacts on other lands served by the stormwater
management system or by the receiving waters relative to flooding,
erosion hazards, or water quality and quantity.
(b) No permit required by this ordinance shall be
issued for any development project which is designed to discharge
directly into, or through an outfall discharging into "Outstanding
Florida Waters" designated by State Law, unless the system is
designed in accordance with the following criteria, in addition to
all those otherwise stated by this section:
(1) Runoff from roads, parking lots, roofs, and other
impervious surfaces shall be directed to grass swales prior to
entering a detention system.
(2) The system shall be designed in a manner complying
with the requirements of Florida Administrative Code 17-4.242, as
amended from time to time, and applicant shall provide DER
documentation and proof of such compliance.
(19) The applicant will demonstrate that the 'development
project is not in a Flood Hazard Zone, Flood Hazard Zones are
identified under the following procedure:
(a) A Flood Hazard Zone shall encompass all lands
subject to inundation by the regulatory 100 year flood, including
lands in a Critical Flood Zone or Coastal High Hazard Zone.
(b) A Critical Flood Zone shall encompass:
(1) Lands subject to inundation by a ten
(10) year flood, i.e., the flood that has a
ten (100) percent probability of being
equalled or exceeded in any given year.
(2) Wetlands, watercourses and waterbodies.
(3) Floodways (see (d) below).
a
(4) Isolated topographic depressions with a
history of flooding or a high potential 'for
flooding.
(c) A Costal High Hazard Zone shall encompass areas
subject to high velocity waters caused by, but not limited to,
hurricane wave wash.
(d) A Floodway shall include the normal channel of a
watercourse and adjacent lands that must remain unobstructed to
convey the regulatory flood discharge without causing flood
elevations to rise along any stretch of the watercourse above a
specified permissible increase known as the floodway surcharge.
The floodway surcharge shall be established, considering both
existing and potential development, at a level that avoids an
increase in potential flood damage. The floodway surcharge may be
increased; however, if a developer wishes to construct some
additional obstruction, he must first obtain flowage easements
from the owners of all land that would be affected by increased
levels. In no case, however, may a floodway surcharge exceed one
foot. The floodway shall normally be calculated assuming equal
encroachment on the floodplain from both sides of the watercourse,
unless legally enforceable deed restrictions, limiting development
rights, are recorded for the lands needed for the floodway.
(e) Flood Hazard Zones, Critical Flood Zones, Coastal
High Hazard Zones and flood elevation data may be identified
through flood hazard studies and delineated on the Official Flood
Hazard Map. A copy of the Official Flood Hazard Map and support-
ing data is attached and incorporated by reference into this
ordinance (Appendix B). As new or better information becomes
available, this ordinance will be amended to incorporate new maps
and flood elevations and other data. Current maps and supporting
information may be inspected at:
Indian River County Administration Building
Community Development Division
1840 25th Street
Vero Beach, Florida 32960
(f) Sufficient funds have not been available to map the
entire land area of Indian River County and perform the
engineering studies necessary to identify Flood Hazard Zones,
Critical Flood Zones, Coastal High Hazard Zones and Flood Protec-
tion Elevations.
14 5 Ui Ugl
The
Community Development Director shall obtain, review and reason-
ably utilize any base flood elevation and floodway data available
from a Federal, State, or other source, as criteria for requiring
that new construction, substantial improvements, or other develop-
ment in Zone A comply with the standards for flood protection set
forth in this ordinance, however, in no case shall such develop-
ment within Zone A be less than eighteen (18) inches above the
crown of the road or elevation required by the Indian River County
Health Department,
SECTION 7 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 Section 7 A
(19) (a -f), a Type B Permit shall be required and the project
shall be reviewed under the criteria of Section 7 (A) and must
meet the following additional criteria,
(1) Except for those development projects within the
100 -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 fill or structures. For those
development projects within the 100 -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 ft. NGVD or the 10 -year Flood
elevation which has been determined by FEMA, whichever is greater.
Provided, however, that 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 is
situated in an estuarine environment and that the development
project, as designed, will meet all other requirements of the
Stormwater Management and Flood Protection Ordinance and will not
create a material adverse impact on flood protection on other
lands in the estuarine environment.
(2) The velocity of the regulatory flood must not be
adversely altered on any watercourse.
(3) All structures, including buried storage tanks, must be
anchored as necessary to resist flotation, lateral forces and the
impact of floating debris.
(4) No development will be allowed that poses a significant
threat of releasing harmful quantities of pollutants to surface
waters or groundwaters during flooding.
(5) The Flood Protection Elevation shall be set for each
project at the elevation of the regulatory flood. �X0$/6fA//f6kVE/.
In Coastal High Hazard Zones, the Flood Protection Elevation shall
be established with consideration given to wind -drive wave action.
All construction within the Indian River County Coastal Zone shall
be in compliance with the County's current Coastal Construction
Code.
M
(6) Residential buildings must have the lowest floor elevat-
ed to the Flood Protection Elevation for that site. If fill is
used for foundation support, the elevation of the soil support
shall not be greater than that which would result from the erosion
reasonably anticipated as a result of the design storm conditions.
(7) Industrial, commercial or other viOvif 0010¢4t4$1 build-
ings, facilities or equipment must have the lowest floor elevated
to the Flood Protection Elevation or be flood -proofed as follows:
(a) A Florida registered Professional Engineer or
Architect must certify that the building has been designed and
constructed so that below the Flood Protection Elevation, the
structure and attendant electrical, heating, ventilation, plumb-
ing, and air-conditioning equipment and other service facilities
Ot XXXt//W=/ii/e/s are watertight and capable of resisting the
effects of the regulatory flood. The design must take into
account flood velocities, duration, rate of rise, hydrostatic and
hydrodynamic forces, the effect of buoyancy, scour, erosion, and
impacts from debris.
(b) Flood -proofing measures must be operable without
human intervention and without an outside source of electricity.
(8 ) 4000400
f jO4At/ /c74ho gV / yb/y/ / f OOgT (q. For all new construction and
substantial improvements, fully enclosed areas which are below the
lowest floor and which are subject to flooding shall be designed
to automatically e ualize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs
for meeting this requirement must either by certified by a
registered professional engineer or architect or must meet or
exceed the following minimum criteria: A minimum of two openings
have a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provid-
ed. The bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens, louvers, or
other coverings or devices provided.that they permit the automatic
entry and exit of floodwaters.
(9) Sewage treatment and potable water supply systems must
be designed and located to prevent inflow or contamination of
surface waters up to the Flood Protection Elevation. Electrical
and communications utilities must be designed to avoid flood
damage up to the Flood Protection Elevation.
(10) M016 .//-VVo'g7/cXdv/i/aiX1/1XOOXOa/,iVi
�Ef f3b0//C//gWe. Manufactured homes must not be installed in a
floodway or coastal High Hazard Zone. All manufactured homes to
be placed or substantially improved within Zones A1-30 shall be
elevated on a permanent foundation such that the lowest floor of
the manufactured home is at or above the base flood elevation and
be securely anchored to an adequately anchored foundation system
in accordance with the provisions of Section 15C - 1.10 Florida
Administrative Code.
(11) If any lot in a residential subdivision lies within a
Flood Hazard Zone, then the following additional standards apply
to approval of the plat:
(a) Each lot must include a site suitable for
constructing a residential building in conformity with the
standards of this ordinance.
(b) One or more elevation benchmarks must be
established and indicated on the plat. Said elevations must be
referenced to the NGVD (1929) and shall be calculated to within
0.1 feet.
(c) All prospective agreements for deed, purchase
agreements, leases or other contracts for sale or exchange of lots
within the Flood Hazard Zone and all prospective instruments
conveying title to lots within the Flood Hazard Zone must carry
the following flood hazard warning prominently displayed on the
document:
FLOOD HAZARD WARNING
"This property may be subject to flooding.
You should contact local building and zoning
officials and obtain the latest information
regarding flood elevations and restrictions
on development before making plans for the
use of this property."
(12) All roads shall be set at or above the ten year flood
elevation, but in no case shall a road be constructed at an
elevation below five feet above sea level. All roads shall be
designed to maintain drainage flow beneath the road bed so that
equalization may occur.
(13) If the development project is in a Critical Flood Zone,
it must be demonstrated, in addition to compliance with Paragraphs
1 through 12, that:
(a) The elevation or velocity of the regulatory flood
will not be increased as a result of any obstruction or
displacement of flood waters.
(b) There is no significant threat of releasing
quantities of pollutants which have the effect of degrading water
quality below standards established in Florida Administrative Code
Chapter 17-3, as amended from time to time, to surface or
groundwater during the regulatory flood.
(c) The capacity of the Critical Flood Zone to store
and convey surface waters or perform other significant water
management functions will not be impaired.
(14) If the development project is in a Coastal High Hazard
Zone, it must be demonstrated, in addition to compliance with
Paragraphs 1 through 13, that:
s
�b11 //V1:VtV1A4411(0 ((( 1A), i/tXO
fXOTA1 b,f1 Ag14 /E . All new construction and substantial improvements
in Zones V1-30 are elevated on pilings and columns so that (i) the
bottom of the lowest horizontal structural member of the lowest
floor (excluding the pilings or columns) is elevated to or above
the base flood level; and (ii) the pile or column foundation and
structure attached thereto is anchored to resist flotation,
collapse and lateral movement due to the effects of wind and water
loads acting simultaneously on all building components. Wind and
water loading values shall each have a one percent chance of being
equalled or exceeded in any given year (100 -year mean recurrence
interval). A registered professional engineer or architect shall
develop or review the structural design, specifications and plans
for the construction, and shall certify that the design and
methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of (i) and (ii)
of this paragraph.
(b) All new construction and substantial improvements,
within Zones V1-30 have the space below the lowest floor either
free of obstruction or constructed with non -supporting breakaway
walls, open wood lattice -work, or insect screening intended to
collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion
of the building or supporting foundation system. For the purposes
of this section, a breakaway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per
square foot. Use of breakaway walls which exceed a design safe
loading resistance of 20 pounds per square foot may be permitted
only if a registered professional engineer or architect certifies
that the designs proposed meet the following conditions:
(i) breakaway wall collapse shall result from a water load
less than that which would occur during the base flood;
and,
(ii) the elevated portion of the building and supporting
foundation system shall not be subject to collapse,
displacement, or other structural damage due to the
effects of wind and water loads acting simultaneouslv on
all buildings
components (structural
and non-struc-
tural).
Maximum
wind and
water
loading
values
to
be
used in this determination shall have a one percent
chance of being equalled or exceeded in any given year
(100 -year mean recurrence interval).
Such enclosed space shall be usable solely for parking
of vehicles, building access, or storage.
Beach dune type fill may be placed beneath the structure provided
that the fill would not enhance erosion on neighboring property
and is designed to be compatible with surrounding topography and
does not result in latteral forces for which the foundation has
not , been designed.Xt4
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(c) Sand dunes or mangrove stands are not altered so as
to increase potential flood damage.
SECTION 7 C. STORMWATER MANAGEMENT PERMIT (TYPE C)
A Type "C" Permit or Flood Protection Permit is required
prior to the construction of an individual detached single family
residence, duplex residence or accessory structure which is
located in a Flood Hazard Zone as defined in Section 7A(19)(a-f).
The Type "C" Permit shall be issued upon the applicant demonstrat-
ing compliance with Section 7B(1-14).
SECTION 8 REQUIRED INFORMATION FOR PERMIT APPLICATIONS
A. Type A Permit - A detailed description and drawing
(scale 1"=50' or larger) of the proposed stormwater management
system shall be submitted to the Community Development Director by
a Florida registered engineer or, for any development project
constructed on a site of 1.00 acre or less, a Florida registered
architect as long as any engineering service involved in the
design is purely incidental to the architect's practice, as
provided for in Florida Statutes X481.229 (1981), as may be
amended from time to time. The following information shall be
required:
(1) Hydrologic data including design rainfall, project
drainage area, tributary offsite drainage area, percolation tests,
existing and proposed impervious area and soil characteristics
including depth to wet season high water table (MSL). Soil boring
at four hundred (400') feet spacing to a depth of six (61) feet
shall be provided. Alternate representative soil profiles may be
used if approved in writing by the Public Works Director and if
demonstrated to be from a reliable and generally recognized
R
source. A one foot interval contour topographic map of develop-
ment area including offsite area of sufficient size to indicate
the general neighboring elevations.. pigs drainage patterns and
transition grades shall be provided. Justification for wet season
water table assumptions shall be provided.
(2) Hydrologic calculations for determining existing
and proposed stormwater runoff.
(3) Hydraulic data including receiving water stages,
stage -storage and stage -discharge data for proposed retention
and/or detention facilities, and percolation test data as per the
following procedure:
(a) The test holes shall be located as close as
possible to the proposed location of exfiltration trench or other
percolation facility (vertical and horizontal) and, if critical,
to a depth two (2') feet below the water table (MSL) at the time
of the test.
(b) a hole for each test of approximately twelve
(12") inches diameter (or as required for a maximum clearance of
one-half 0") inch between the hold and the test casing) is
excavated to the required depth and the casing is lowered into the
hole with a minimum of twelve (12") inches extending above the
surface of the grade.
(c) The test casing shall consist of a pipe that
is at least eight (8") inches in diameter with perforations in
approximately the bottom seventy-five (75%) percent of the length
as measured from the surface. The bottom of the casing shall be
pointed. Exfiltration increments shall be measured with a
suitable gauging device.
(d) Fill the test bore to six (6") inches above
the surface of .the existing grade and run the test no later than
two (2) hours after the level has exfiltrated to below surface of
existing grade. In all cases test runs are to start only after
the first two (2") inches have exfiltrated. If a dry season
condition exists, the test shall begin when the soil is moist and
a wet season condition is simulated.
(e) Run tests for at least thirty (30) minutes and
record at least the date, weather, project name, name of person
conducting test, test number, location on site, sketch of hole and
casing, groundwater conditions, incremental drop and time, and
subsurface soil information. Information shall be tabulated and
attested to by a registered professional engineer, licensed to
practice in the State of Florida. The County Division of Public
Works must be notified at least twenty-four (24) hours in advance
of the tests being conducted and reserves the right to witness the
test procedure. Exfiltration rates for designing the site drainage
facilities shall be determined by the developer's engineer from
these tests based on percolation rate experienced at the elevation
of the proposed system using a
safety factor of 2 or greater. Alternate percolation or
permeability tests procedures may be used if approved in writing
by the Division of Public Works prior to their use.
(4) Hydraulic calculations for size channels, culverts,
inlets, retention/detention ponds, pond discharge structures, and
determining discharge rates and maximum water surface elevations.
(5) Erosion and Sedimentation Control Plans, during and
after construction.
(6) Statement of all assumptions and reference sources
used in conduct of the study.
(7) A certificate from a professional engineer licensed
in the State of Florida that the soils are suitable and proper for
the uses and purposes of the proposed development in a wet season
condition; or submission of a plan calling for the removal and
replacement of unsatisfactory soils. If the applicant submits a
plan for removal and replacement of soils, the applicant shall
submit a certificate from a professional engineer after the
removal and replacement of soils has been completed, stating the
new soils are suitable and proper for the uses and purposes of the
proposed development. Such certificate shall be furnished to the
Public Works Director prior to the issuance of a certificate of
completion.
(8) Where percolation is proposed, at least one boring
per basin shall be submitted. Said borings shall be to a depth of
twenty (201) below the invert of the basin or to a depth
sufficient to locate the groundwater table or impervious soil
layer.
(9) A general description of the manner in which the
stormwater management system is to be maintained, indicating who
or what entity shall be responsible and by what method the
responsibility shall be created and documented.
(10) A list of all agencies (State, Federal or local)
having permit jurisdiction for the project. A copy of all state,
local, SJRWMD, and federal permits shall be submitted prior to
issuance of a building permit. In cases where a surface water
management permit is required from the SJRWMD, identical plans and
calculations shall be submitted for review and coordination
between the County and the SJRWMD.
SECTION 8 Be Type B Permit and Type C Permit In
addition to the information required for Type A permits in Article
A of this section, an applicant for a Type B Permit shall submit
to the Community Development Director all information required in
Section 8 (A), all information showing compliance with Section 7
(B) of this ordinance, and the following
(1) Elevation in relation to mean sea level of the
proposed lowest floor (including basement) of all structures.
(2) Elevation in relation to mean sea level to which
any non-residential structure will be flood -proofed.
(3) Provide a certificate from a Florida registered
professional engineer or architect that the proposed structure and
site work design meets the applicable criteria set forth in this
ordinance.
(4) Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
An applicant for a Type "C" permit shall submit all
information showing compliance with Section 7 (B) of this
Ordinance and all information required in Section 8 (B) (1-4).
SECTION 9. REQUIRED INFORMATION TO BE SUBMITTED BY
TYPE B PERMIT APPLICANTS AFTER ISSUANCE
nV DF'DMTT
Applicants receiving Type B or Type C Permits shall provide
to the Community Development Director a flood elevation or
flood -proofing certifications after the lowest floor is completed,
or in instances where the structure is in a Coastal High Hazard
Area, after placement of the horizontal structural members of the
lowest floor. Within twenty-one (21) calendar days of
establishment of the lowest floor elevations, or flood -proofing by
whatever construction means, or upon placement of the horizontal
structural members of the lowest floor, whichever is applicable,
it shall be the duty of the permit holder to submit to the
Community Development Director, a certification of the elevation
of the lowest floor, flood -proofed elevation, or the elevation of
the lowest portion of the horizontal structural members of the
lowest floor, whichever is applicable, as built, in relation to
mean sea level. Said certification shall be prepared by, or under
the direct supervision of, a registered land surveyor or
professional engineer and certified by same. When flood -proofing
is utilized for a particular building, said certification shall be
prepared by or under the direct supervision of a professional
engineer or architect and certified by same. Any work done within
the twenty-one (21) calendar day period and prior to submission of
the certification shall be at the permit holder's risk. The
Community Development Director shall review the Flood Elevations
Survey data submitted and shall respond promptly as to any
deficiencies noted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further
work being permitted to proceed. Failure to submit the survey, or
failure to make said corrections required hereby, shall be cause
to issue a stop -work order for the project.
SECTION 10. PERMIT APPLICATION AND REVIEW PROCEDURES
A. Preliminary Permit Application - Any person who is in
doubt as to whether a proposed activity required a permit under
this ordinance may request a review by the Community Development
A
N
Division upon completion of a preliminary application form sup-
plied by the Division. No fee shall be charged for preliminary
application. The preliminary .application form shall be filed by
the owner/applicant and shall contain the following elements:
(1) A location map.
(2) A statement and sketch expressing the intent and
scope of the proposed project.
Review - The completed preliminary application shall be
submitted to the Community Development Director to be reviewed by
the Community Development Director and the Public Works Director.
Within ten (10) working days after submission of the complete
preliminary application, the Community Development Director will
notify the applicant that either the project is approved, is
exempt, or a formal permit application must be filed for the
project.
Be (1) Type A or B Permit Applications - If a Type A or
Type B Permit is required for the project, the applicant shall
furnish all required stormwater management information, together
with flood protection information, if applicable, to the Community
Development Director on forms furnished by the Department. The
requirements of this ordinance shall be reviewed during the site
plan or subdivision review processes if the project would
otherwise require site plan or subdivision review. If such review
is not otherwise necessary, the Department shall review the
application and render a decision as to whether the requirements
of this ordinance are met within fifteen (15) working days.
(2) Type C Permit Application - If a Type C Permit is
required for the project, the applicant shall furnish all neces-
sary flood protection information to the Community Development
Director on forms furnished by the Department. The applicant
shall be reviewed within ten (10) working days of receipt of the
application or at the time of consideration of the request for a
zoning permit, whichever first occurs.
SECTION 11. ADMINISTRATIVE DUTIES
A. Stormwater Management:
Duties of the Public Works Director:
The Public Works Director shall perform the following
specific duties:
(1) Make all professional engineering determinations
required with respect to analysis of any given application.
(2) Approve any changes or amendments to an approved
stormwater management plan.
(3) Provide courtesy notice as to the general
description and location of newly constructed wet or dry retention
facilities to the Indian River County Mosquito Control District.
.(4) After the completion of a project, require as-built
plans from the owner or applicant and a Certificate of Completion
from the Engineer of Record.
(5) Any system required by this ordinance shall be
maintained by the owner, successor owners, or an entity designated
by the owner except that the Director may accept certain systems
for County maintenance. The selection of critical areas or
structures to be maintained by the County shall be recommended to
the County Commission by the Director. All areas or structures to
be maintained by the County must be dedicated to the County by
plat or separate instrument and expressly accepted by the County
Commission. For any system which is to be maintained by a party
other than the County, easements shall be established which permit
the County to inspect and if necessary, as determined by the
County, to take corrective action should the party fail to proper-
ly maintain the system. Such easements shall also establish a
right of entry for the Indian River County Mosquito Control
District for the limited purpose of inspection, prevention, or
treatment of mosquito infestations, as allowed by law. Should a
party fail to properly maintain a system as required, the Director
shall give such party written notice of the nature of the correc-
tive action necessary. Should the party fail, within thirty (30)
days from the date of the notice to take, or commence taking,
corrective action to the satisfaction of the Director, the County
may enter upon lands, take corrective action and the cost of such
corrective action shall become a lien on the property benefited.
Be Flood Protection Management:
Duties of the Community Development Director:
The Community Development Director shall have authority
to administer this ordinance, and shall perform the following
specific duties:
(1) Determine any additional information that must be
submitted for flood management review.
(2) Review applications for compliance with the stan-
dards of this ordinance after input from the Public Works Director
and the.County Attorney as to those matters within their profes-
sional disciplines; and either approve, approve with conditions,
or deny the application based on that review. If application
approval is denied, the Community Development Director shall state
the reasons, however, it is not the responsibility of the Commu-
nity Development Director to design an acceptable development.
(3) Maintain a record of the actual, "as-built" eleva-
tion or flood-proofing of all buildings constructed after flood
management review.
(4) Coordinate the review with other permitting agen-
cies, if necessary.
(5) Notify adjacent communities, the St. John's River
Management District and the State of Florida Department of
Community Affairs prior to alteration or relocation of a water-
course and provide a copy of such notification to the Federal
Insurance Administrator.
(6) Maintain a record of all variances, including
justification for their issuance, and submit a copy annually to
the Federal Insurance Administrator.
(7) Interpret the boundaries of Critical Flood Zones,
Flood Hazards Zone and Flood Protection Elevations and interpret
the boundaries drawn on the Official F'lood Hazard Boundary Map to
reconcile elevation data and field conditions.
(8) Issue notice of violation and otherwise enforce
this ordinance.
SECTION 12, APPEAL PROCEDURE
A. Duties of the Board of Adjustments - The Board of
Adjustments shall have the following duties in administering this
ordinance:
(1) Upon appeal by the developer, review decisions of
the Community Development Director regarding interpretations of
this ordinance, providing the appeal is filed in writing within
thirty (30) days of the action is appealed.
(2) Issue variances from the standards of this ordi-
nance when all variance criteria are met.
Be Variance - The Board of adjustments may grant a variance
from the standards of this ordinance if the following conditions
are satisfied:
(1) The applicant meets the requirements of Section 26
of the Indian River County Zoning Code, and
(2) Granting variance will not result in an increase in
the elevation of the Regulatory Flood, additional threats to
public safety, extraordinary public expense, the creation of
nuisances, fraud or victimization of the public, or the creation
of conflicts with other ordinances, and
(3) No variance will be granted allowing a development
that would increase flood damage on other property unless flowage
easement have been obtained from the owners of all affected
property. In no case, however, will a variance be granted that
would increase the elevation of the Regulatory. Flood more than one
foot.
Any applicant to whom a variance is granted shall be
given written notice specifying the exact nature of the variance.
SECTION 13, NOTICE
A. In the event the Community Development Director
determines a violation exists, a written notice of violation shall
be issued to the owner of the property. The notice shall contain:
(1) The name and address of the owner.
(2) The street address when available or a description
of the building or land upon which the violation is occurring.
F3
(3) A statement specifying the nature of the violation.
(4) A description of the remedial actions necessary to
bring the development activity into compliance and a time schedule
for completion of such remedial action.
(5) A statement of the penalty or penalties that may be
assessed against the person to whom the notice of violation is
directed.
(6) A statement that the Community Development Direc-
tor's determination of violation may be appealed to the Board of
Adjustments by filing a written notice of appeal within thirty
(30) days of service of notice of violation.
Be The notice of violation shall be served upon the
person(s) to whom it is directed either personally, in the manner
provided for personal service of notices by the court of local
jurisdiction, or by mailing a copy of the notice of violation by
certified mail, postage prepaid, return receipt requested to such
person at his or, her last known address.
SECTION 14 ENFORCEMENT
A. Any violation of this ordinance is a public nuisance and
may be restained by injunction or otherwise abated in a manner
Provided by law.
Be In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this ordinance shall be punished by a fine of not more than
FIVE HUNDRED DOLLARS ($500.00) or by imprisonment in the county
jai for a period not to exceed sixty (60) days, or by both such
fin and imprisonment. Such person shall be guilty of a separate
offense for each day during which%the violation occurs and con-
tinues.
C. Any violator may be required to restore land to its
undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the County may
take necessary corrective action, the cost of which shall become a
lien upon the property until paid.
SECTION 15. VESTED RIGHTS
This ordinance shall not limit the vested rights of any
person to complete any development project for which approval was
properly granted based upon prior law, where such previous approv-
al remains in effect. The County Commission may acknowledge
vested rights in other circumstances where it is equitable and
just.
SECTION 16. CONFLICT WITH OTHER ORDINANCES AND CODES
In case of a conflict between the provisions of this ordi-
nance and prior ordinances, the prior ordinance shall be deemed
repealed to the extent of such conflict. Indian River County
Ordinance 78-25, as amended and codified, and Section 23 (k) of
the Indian River County Zoning Code, pertaining to flood protec-
tion and stormwater management control and criteria respectively,
are hereby expressly repealed.
b
SECTION 17. SEVERABILITY
Each separate provision of this ordinance is deemed indepen-
dent of all other provisions so that if any section, sentence,
clause, phrase or work of this ordinance is held or declared
unconstitutional, inoperative or, void, all other provisions shall
remain valid and enforceable.
SECTION 18, EFFECTIVE DATE
This ordinance shall take effect immediately upon receipt of
the official acknowledgement from the office of the Secretary of
State, of the State of Florida, that this ordinance has been filed
with that office, or upon December 1, 1982, whichever date shall
last occur, provided, however, that any development project for
which a completed application for subdivision or site plan appro-
val, as the case may be or a completed application for zoning
permit in the event subdivision or site plan approval is not
required, has been received by the Community Development Division
prior to the effective date hereof may be considered, at the
option of the developer, under the law existing prior to the
effective date hereof.
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r
NI
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 27th day of January
1987.
ATTEST: 7�
F,gEDA WRIGHT,
Clerk
BOARD OF COUNT -Y., COMMISSIONERS
OF INDIAN RIVER COUNTY
BY i G.
DM C . 'S'CU-RLOCK R .
Chairman�;���'._
Acknowledgment by the Department of State of the State of
Florida this 4th day of February 1987.
Effective Date: Acknowledgment from the Department of State
received on this 9th day of February , 1987, at
1:30 A.M./P.M, and filed in the Office of the Clerk of
the Board of County Commissioners of Indian River County,
Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY N�c\���
BRUCE BARKETT, Assistant
County Attorney
APPROVED AS TO PLANNING MATTERS:
ROBERT M. KEATING, 4/
DIRECTOR OF PLANNING & DEVELOPMENT