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HomeMy WebLinkAbout1986-420 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ESTAB- LISHING SUBSECTION 23.3(d)3 OF THE INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES, APPENDIX A; PAVED ROAD REQUIREMENTS; PROVIDING INCLUSION IN CODE, SEVERABILITY, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. Indian River County Code of Laws and Ordinances, Appendix A, Section 23.3(d)3 is hereby established as follows The following paving requirements shall apply to site plan pro- jects which require major site plan application approval and which also utilize or abut unpaved public or private roads and roadways. A. Private Roads Site plan applications for all projects accessed via unpaved private roads or roadways shall include the paving of such roads or roadways. County road design and construction standards shall apply to all paving improvements. B. Public Roads Provisions for the paving of unpaved public roads that access or abut project sites shall be required as specified below under General Requirements. C. Scenic and Historic Roads Paving requirements and provisions for projects utiliz- ing or abutting unpaved scenic or historic routes, as designated in the Comprehensive Plan, shall be addressed on a case-by-case basis. The requirements specified below under General Requirements shall apply unless otherwise waived by the Board of County Commissioners. Paving requirements and provisions may be waived by the Board of County Commissioners if the Board determines. (1) that the scenic or historic value or significance of the road would be adversely impacted by road paving, (2) that road paving is not essential to provide adequate access to the particular development and through the surrounding area, and (3) that the preservation of scenic or historic values outweighs the impacts of permitting a particular use to develop without paved access. If paving requirements are waived, the Board may attach any conditions deemed necessary to minimize impacts on the road and surrounding area. D. Thoroughfare Plan Roads The paving of roads designated on the Thoroughfare Plan shall be required as specified below under General Requirements. Improvement of Thoroughfare Plan roads shall be in coordination with the County long-range major street and highway program, or as approved by the ORDINANCE NO. 86 - 42 Board of County Commissioners. In granting such approval to pave Thoroughfare Plan designated roads in advance of the long-range major street and highway program and schedule, the Board of County Commissioners shall consider the timing of improvements, adequacy or deficiency of right-of-way, funding and construction of improvements, and the effect on the long-range major street and highway program. E. General Requirements Paving requirements are established to ensure that adequate road improvements are provided to adequately serve development projects and developing areas. County road design and construction standards shall apply to all paving improvements. Mixture of residential and non-residential traffic shall be avoided where possible. Persons applying for site plan approval of projects utilizing or abutting unpaved roads shall, as part of their application, include the appropriate provision for paving, as specified below. The County Public Works director shall determine the daily traffic trip generation of projects in accordance with accepted standards and good traffic engineering practice. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreements shall include provisions necessary to accomplish and facilitate future road paving. 1. Exemptions Upon request by a major site plan applicant, the Public Works director and Planning and Development director shall review a project proposal to determine if the project may be exempted from the requirements of this Subsection "E General Requirements"). Where both directors determine that the following criteria are satisified, the major site plan shall be exempted from the requirements of the "General Requirements" portion of this paving requirements section of the site plan ordinance. a. The project proposal is either an accessory use to an existing establishment or a modification of an existing establishment. b. The project proposal, if constructed, would not cause an addition to the number of employees currently working at the establishment. c. The project proposal, if constructed, would not cause an increase in the number of deliveries to or from the establishment. d. The project proposal, if constructed, would not cause an increase in customers, buyers, or other persons attracted to the establishment for business purposes. e. The applicant provides sufficient plans and documentation to prove and ensure (certify) that the previously listed criteria are satisfied and will continue to be satisfied throughout the use and operation of the improvements constructed as part of the project, unless otherwise amended and approved via the applicable development approval process. Ordinance No. 86 - 42 2. Appeals from Exemptions Appeals of the determination to exempt or not exempt a project from the general paving requirements shall be deemed to be appeals of site plan decisions and as such shall be heard by the Board of County Commissioners pursuant to section 23.2(m)(2)(b) of the site plan review and approval procedures. 3. Small Traffic Attractors/Generators Projects determined to be small traffic attractors/gen- erators, defined as projects generating less than 100 (one hundred) average daily trips, shall provide for road paving as follows: (a) Access road frontage: for the paving of a road(s) accessing the project, the applicant shall submit funds in the amount of the project's share of petition paving costs prior to the issuance of a certificate of occupancy for all or any portion of the project. Said funds shall be held by the County to be used for the paving of the road(s) accessing the project. The road segment to be funded and later paved shall include all of the project's frontage on the road. (b) Abutting road frontage: for the paving of a road(s) abutting the project not utilized for access to the project, the applicant shall submit funds in the amount of the project's share of petition paving costs prior to the issuance of a certificate of occupancy for all or any portion of the project. Said funds shall be held by the County to be used for the paving of the road(s) abutting the project. The road segment to be funded and later paved shall include all of the project's frontage on the road. Where abutting roads are designated on the capital I mprovements program, traffic impact fees shall substitute for escrowing funds. (c) Paving Option: in lieu of submitting funds for paving under 1(a) and 1(b) above, the project application may propose to pave or arrange for paving the project's access road frontage and/or abutting road frontage, notwithstanding require- ments for roads designated on the Thoroughfare Plan, if such paving would connect to a paved public road. If such a paving option is utilized, no certificate of occupancy shall be issued for all or any portion of the project until all paving has been completed, and improvements are inspected and approved by the County. (d) Multi -phase projects: for purposes of determining if a multi -phase project is a small traffic attrac- tor/generator, the total project trip generation shall be compared to the small traffic project definition criteria. (e) Cumulative effect: no certificate of occupany shall be issued for any project utilizing access on a road that exceeds 200 (two hundred) average daily trips until the road accessing the project is paved from the project's access point(s) to a paved public road. Provisions specified below under 2 (a) , (b) , (c) , and (d) shall apply. In considering the cumulative effect of small traffic attracting/ generating project(s) on a road(s) or on an area, the Board of County Com- missioners may determine the need for a forced petition or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. Ordinance No. 86 - 42 4. Large Traffic Attractors/Generators Projects determined to be larger traffic attractors/ generators, defined as projects generating 100 (one hundred) or more average daily trips, shall provide for road paving as follows: (a) Access road frontage to access point(s): the road accessing the project shall be paved from the project's access point(s) to a paved public road. The design of the connection shall be in accordance with County design standards. Said paving shall be completed, and improvements inspected and approved by the County, prior to the issuance of a certi- ficate of occupancy for all or any portion of the project. (b) Remaining access road frontage: for the paving of portions of a project's access road frontage not covered in the above paving requirement [2(a)], the applicant shall submit funds in the amount of the project's share of petition paving costs prior to the issuance of a certificate of occupancy for all or any portion of the project. Said funds shall be held by the County to be used for the paving of the road accessing the project. The road segment to be funded and later paved shall include all of the project's frontage on the road. (c) Abutting road frontage: for the paving of roads abutting the project, the applicant shall submit funds in the amount of the project's share of petition paving costs prior to the issuance of a certificate of occupancy for all or any portion of the project. Said funds shall be held by the County to be used for the paving of the road abutting the project. The road segment to be funded and later paved shall include all of the project's frontage on the road. Where abutting roads are designated on the capital improvements program, traffic impact fees shall substitute for escrowing funds. (d) Paving option: in lieu of submitting funds for paving specified under 2(b) and 2(c) above, the project application may propose to pave or arrange for paving the project's remaining access road frontage and/or abutting road frontage, notwith- standing requirements for roads designated on the Thoroughfare Plan, if such paving connects to a paved public road. If such a paving option is utilized, no certificate of occupancy shall be issued for all or any portion of the project until said paving is completed, and improvements are inspected and approved by the County. SECTION 2. The Ordinance shall be incorporated into the Code of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this Ordinance may be re- numbered or relettered to accomplish such purposes. SECTION 3. If any provision of this Ordinance or the applica- tion thereof to any person or circumstances is held invalid, it is the legislative intent that the invalidi- ty shall not affect other provisions or applications of Ordinance No. 86 - 42 this Section which can be given in effect without the invalid provision or application, and to this end, the provisions'of this Section are declared severable. SECTION 4. The provisions of this Ordinance (No. 86- ) shall become effective upon receipt from the Secretary of the State of Florida of official acknowledgement 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 18thday of June , 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By c�- Don C. Scur%lock,;Jr.,7CXairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By Bruce Barkett County Attorney Acknowledgement by the Department of State of the State of Florida this 23rd day of June , 1986• Effective Date: Acknowledgement from the Department of State received on this 26th day of June , 1986, at 11:00 am/pm and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida.