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Home My WebLink About2005-014ORDINANCE 2005- 014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE SECTIONS 913.07 AND 928 .06 OF THE CODE OF INDIAN RIVER COUNTY TO PROVIDE FOR ACCESS FOR MOSQUITO CONTROL DISTRICT TREATMENT OF PRIVATE WATER RETENTION PONDS AND LAKES WHEREAS, the Indian River Mosquito Control District is charged with the duty of treating both fresh and salt water bodies of water for mosquitoes ; and WHEREAS, during times of emergencies, it necessary for District personnel to gain access to these bodies of water; and WHEREAS, some of the bodies of water that may need treatment are in gated communities; and WHEREAS, some mosquito impoundments located along the Indian River Lagoon need to be maintained on a regular basis to control the population of mosquitoes and access to the impoundments is vital to the control of mosquitoes; and WHEREAS, the Board recognizes that it is necessary for the District to gain access to both public and private waterways in order to effectively control mosquitoes; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, that section 928.06 of the Indian River Code is hereby amended as follows: CHAPTER 928. WETLANDS AND DEEPWATER HABITAT PROTECTION Sec. 928.06. Regulatory standards and procedures. (1) — (2) No change. (3) The establishment of conservation easements shall be required to overlay all preserved, created, or enhanced wetlands or deepwater habitats (and upland buffers, as applicable) associated with development site mitigation. Such easements shall ensure protection of these habitats and may allow certain activities, such as passive recreation, not deemed detrimental to the health of the ecological system. In such cases, and where wetlands or deep water habitat adjoin development sites but may not yet be subject to conservation easements, Indian River Mosquito Control District will be granted access easements to allow for vehicular and pedestrian access, mosquito inspection, treatment, and management of such wetlands or F:Wttorney\Bill\Ordinance Amendments\Mosquito Control Access\ordinance.doc ORDINANCE 2005-014 over lands adjacent to such wetlands and under the same or related ownership or the same development plan. (4) Restoration and management of impounded estuarine wetlands. The restoration and management of impounded estuarine wetlands shall be allowed as mitigation for the limited filling of degraded wetlands as described in subsection 928.05(1)(c), provided that: (a) The benefits of the restoration and management of the impoundment to natural functions shall offset the losses of wetland functions associated with the limited wetland filling, with a minimum mitigation ratio of 10:1 (restored/managed impoundment to lost degraded wetlands); (b) A conservation easement is established for the impoundment to ensure protection; in addition, IRMCD will be granted access easements to allow for mosquito inspection, treatment, and management of such wetlands or over lands adjacent to such wetlands and under the same or related ownership or the same development plan; and (c) The restoration and management plan is consistent with jurisdictional agency regulations and is favorably reviewed by the Governor's Subcommittee on Managed Marshes. NOW THEREFORE, BE IT FURTHER ORDAINED by the Board of County Commissioners of Indian River County, that section 928.06 of the Indian River Code is hereby amended as follows: Section 913.07. Procedure and requirements for submitting and processing subdivision applications. (1)-(5) No change. (6)(F) Certifications. The final plat shall contain on the face or first page the following certifications, dedications, and approvals, all executed and acknowledged as required by law, in the forms set forth below: 1. Dedications. The purpose of all reserved areas shown or referred to on the plat and of the improvements shall be defined in the dedication. All areas reserved for use by the residents of the subdivision and all areas or facilities intended for public use, shall be specifically dedicated by the owner of the land at the time the plat is recorded. All streets, rights-of- way, easements, recreation facilities designed to serve more than one property owner shall be dedicated to the county or to a private property owners' association in a manner that will ensure access to and use by present and future owners of the properties to be served. Where private dedications are involved, ownership and maintenance association documents shall be submitted with the final plat. The dedication shall clearly dedicate the private facilities to the association without recourse to the county or any other public agency. All dedicated areas shall be identified as tracts unless all such areas are dedicated to one entity and F:\Attorney\Bill\Ordinance Amendments\Mosquito Control Access\ordinance.doc ORDINANCE 2005- 014 clearly identifiable. All dedications shall be in the following forms or as approved by the county attorney: CERTIFICATE OF DEDICATION (Corporate) STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS, that (exact corporate name), a (state) corporation, fee simple owner of the land described and platted herein, as (exact name of subdivision), being in Indian River County, Florida, have caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows: (Individual) KNOW ALL MEN BY THESE PRESENTS, that , fee simple owner of the land described and platted herein, as (exact name of subdivision), being in Indian River County, has caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows: (SELECT AS APPROPRIATE)* a. Streets and right-of-ways: (For public streets) All streets and rights-of-way shown on this plat (name specifically if less than all) are hereby dedicated in perpetuity to Indian River County, Florida for the use and benefit of the public for proper purposes. (For private streets) All streets and rights-of-way shown on this plat (name specifically if less than all) are hereby declared to be and shall remain private. They are dedicated for the use and benefit of the owners and residents of this subdivision, and shall be the perpetual maintenance obligation of the (state exact legal name of maintenance entity). All public authorities, including but not limited to police, fire, ambulance, Mosquito Control District and utility providers shall have the right to use the streets in the course of performing their respective duties. The board of county commissioners of Indian River County, Florida, shall have no responsibility, duty or liability whatsoever regarding such streets. b. no change (6)(F)1.c. Drainage and stormwater management easements. 1. The drainage easements as shown are dedicated in perpetuity to and shall be the perpetual maintenance obligation of the (give exact name of maintenance entity) F:Wttorney\Bill\Ordinance Amendments\Mosquito Control Access\ordinance.doc ORDINANCE 2005-014 for construction and maintenance of drainage facilities and shall be the perpetual (When the subdivision plat provides street -side drainage easements, the following additional statement shall be added to the previously listed drainage easements dedication language:) "Front yard drainage easements are subject to the right of each lot to have a driveway for ingress/egress as approved by the county." 2. The stormwater management tracts as shown are dedicated in perpetuity to and shall be the perpetual maintenance obligation of the (give exact name of maintenance entity) for construction and maintenance of such facilities and shall entity). (When the stormwater tracts are to be dedicated to a private entity and not Indian River County, the following additional statement shall be added to the previously listed stormwater management tracts dedication language:) "Indian River County is granted the right to use and drain into the tracts and also granted the right, but not the obligation, to perform emergency maintenance on the tracts. The Indian River County Mosquito Control District has the right of entry upon these tracts for the limited purpose of inspection, prevention, or treatment of mosquito infestations, as allowed by law." This ordinance was advertised in .the Press Journal on the 4th day of April, 2005, for a public hearing on 19th day of April, 2005, at which time it was moved for adoption by Commissioner Bowden 1 and seconded by Commissioner Wheel er , and adopted by the following vote: Chairman Thomas S. Lowther Vice ChairmanArthur R. Neuberger Commissioner Wesley S Davis Commissioner Gary C. Wheeler Commissioner Sandra L. Bowden Aye Aye Aye Aye Ay P The Chairman thereupon declared the ordinance duly passed and adopted this 19th day of April, 2005. Attest: J.=K. Barton, Clerk B y DeputjrClerk INDIAN RIVER COUNTY, FLORIDA by its Board of ounty Comrr�ssioners By S, Thomas . Lowther, Chairman F:\Attorney\Bill\Ordinance Amendments\Mosquito Control Access\ordinance.doc 4 1 Approv-d as to ency ORDINANCE 2005- 014 William K. DeBraal Assistant County Attorney BCC Approved: April 19, 2005 • Effective date: This ordinance was filed with the Department of State on day of APR 2 '7 70u , 2005 and shall become effective on that date. F:\Attorney\Bill\Ordinance Amendments\Mosquito Control Access\ordinance.doc