HomeMy WebLinkAbout2005-031ORDINANCE No. 2005- 031
'AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING
AMENDMENTS TO. LAND DEVELOPMENT REGULATIONS (LDRs);
P ROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO RULES OF
CONSTRUCTION; PROHIBITING CONSTRUCTION OR ALTERATION OF
A STRUCTURE TO IMPEDE AN EXISTING DRAINAGE SYSTEM THAT
H AS HISTORICALLY PROVIDED DRAINAGE; AMENDING
N OMENCLATURE USED IN EXEMPTIONS; AMENDING REQUIREMENTS
FOR TYPE A PERMITS TO REQUIRE RETENTION FROM NON-
RESIDENTIAL SITES WITHIN ONE MILE OF THE INDIAN RIVER
n r�ra a REQUIREMENTS er..�� .,,..t. r r
LAGOON; IMPOSING REQUIREMEN i S F -OR USE OF A FLAP GATE C AND
P ROVING MINIMUM ELEVATIONS FOR SUCH AREAS; AMENDING
E LEVATION LEVELS IN CERTAIN STORMS; AMENDING BRIDGE
MEMBER HEIGHT .REQUIREMENTS, PROVIDING THAT APPROVAL OF
S IDE AND .REAR LOT DRAINAGE SWALES WILL ONLY BE CONSIDERED
IN CERTAIN AREAS; PROHIBITING THE USE OF FRONT, REAR, OR
S IDE LOT SWALES IN CERTAIN SUBDIVISIONS UNLESS A WAIVER IS
GRANTED; PROVIDING FOR THE SODDING OF CERTAIN FLATTER
S LOPES; ALLOWING FIBER -REINFORCED CONCRETE PIPE AND HDPE
N -12. TO BE USED; AMENDING THE MINIMUM DIAMETER OF
S TORMWATER MANAGEMENT SYSTEM DISCHARGE CULVERTS;
P ROVIDING FOR OBSTRUCTION -FREE STORMWATER MANAGEMENT
TRACTS AND EASEMENTS; PROVIDING FOR REQUIRED
MAINTENANCE EASEMENT AREAS AND PROHIBITION OF
OBSTRUCTIONS AND EXEMPTIONS THERETO; AMENDING
REQUIREMENTS FOR WET AND DRY RETENTION AND DETENTION
AREAS; REQUIRING DEVELOPERS OF DEVELOPED SITES SEEKING
MAJOR SITE PLAN APPROVAL OR MAJOR MODIFICATIONS OF
EXISTING LAND DEVELOPMENT PERMITS TO COMPLY WITH NEW
S TORMWATER TREATMENT REQUIREMENTS; REQUIRING
D EVELOPERS OF CURRENTLY DEVELOPED SITES OBTAINING MINOR
S ITE PLAN OR ADMINISTRATIVE APPROVAL TO MEET STORMWATER
TREATtivIENT REQUIREMENTS; AMENDING PRELIMINARY AND FINAL
REQUIREMENTS APPLICABLE TO RESIDENTIAL SUBDIVISIONS WITHIN
FLOOD HAZARD ZONES; PROVIDING BASIN MAXIMUM DISCHARGE
RATES FOR CERTAIN :WATER CONTROL DISTRICTS; AMENDING SOIL
B ORINGS REQUIREMENTS FOR TYPE A PERMITS PROVIDING THAT
TYPE A AND TYPE B PERMITS MAY NOT BE SUBMITTED UNTIL THE
P ROJECT HAS BEEN APPROVED BY TRC; AMENDING THE
STORMWATER MANAGEMENT ADMINISTRATIVE DUTIES OF THE
P UBLIC WORKS DIRECTOR; PROVIDING THAT THE COUNTY MUST
VERIFY THAT THE AS -BUILT SURVEY COMPLIES WITH THE
APPROVED GRADING PLAN PRIOR TO ISSUANCE OF A CERTIFICATE
OF OCCUPANCY; AND PROVIDING FOR REPEAL OF CONFLICTING
P ROVISIONS; CODIFICATION, SEVERABILITY; AND AN EFFECTIVE
DATE.
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N OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
PART I: FINDINGS.
It is hereby ascertained, determined, and declared that, pursuant to Article VIII,
S ection 1 of the Florida Constitution, and Sections 163.3202, 125.01, and 125.66, Florida
Statutes, the Board has all powers of local self-government, and such powers may be
exercised by the enactment of County ordinances.
PART. II: AMENDMENTS TO CHAPTER 930, INDIAN RIVER COUNTY STORMWATER
MANAGEMENT AND FLOOD PROTECTION ORDINANCE OF THE INDIAN RIVER
COUNTY LAND DEVELOPMENT REGULATIONS ORDINANCE.
S ection 930.03, Rules of construction, is amended to read as follows:
The requirements of this chapter are intended to implement regulations of the Federal
E mergency Management Agency set out as Title 44; CFR, the National Flood Insurance
P rogram Regulations, and are intended to complement regulations of the Florida
D epartment of Environmental Regulatien Protection (FDEP)including but not limited to
those found in Florida Administrative Code, Chapter 16- 25 17 25, Regulation of
Stormwater Discharge, Chapter 62-3 17 3 Water Quality Standards, and Chapter 62-4 44.-
4 Permits, Chapter 62-330. Environmental. Resource Permitting, Chapter 62-312 17 312
D redge and Fill Activities, 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 17 312 Wetland Resource Permit may be required. Approval of a stormwater
management system under this chapter 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 FDERP FDEP permitting requirements for
use of the 'landward extent of waters of the state," as that term is defined by Florida
Administrative Code, Chapter 62-301.200(4) 17 301.100(1). in the event of a conflict
between this chapter and any other law or regulations, this chapter shall be interpreted to
avoid the conflict when possible. If there is an irreconcilable conflict, the agency rule shall
prevail. If this chapter is more restrictive, the provisions hereunder shall prevail and no
conflict will be considered to exist.
S ection 930:05, Prohibited activity, section(2)(b), is amended to read as follows:
(2) It shall be illegal and subject to the penalties provided herein for any
person to construct and/or alter, any structure in such a manner as to impede the
functioning of a drainage system that is:
(b) Located on private property and is a part of a drainage system serving
more than one property owner when such system is located in an easement which exists
for the benefit of other land owners or has historically provided drainage.
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Section 930.06 Exemptions, sections (1)(a) and (3), are amended to read as follows:
(1) The following activities shall be exempt from the permitting requirements of
this chapter:
(a) The construction of an individual detached single-family residence (RSF),
duplex, triplex, or quadraplex residences, together with accessory structures, provided that
said residences and accessory structures are not located in, special flood hazard areas,
zone; as identified in section 930.07(1)(s). However, the provisions of section 912.08 will
be applicable. When located in a special flood hazard area zones, 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 930.07(2)(a through D.
(3) A report of any such emergency action shall be made to the division
department 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 Board of County Commissioners in the event of dispute.
Section 930.07, Review criteria for all development projects, sections (1)(a); (1)(c);
(1)(e); and (1)(f) are amended to read as follows:
(1) Stormwater Management System permit (Type A). All development projects
are required to obtain a Type A stormwater management system (SWMS) permit. No Type
A permit to construct a development project shall be issued unless the following criteria are
met:
(a) The design of the on-site stormwater management system shall be based at
a minimum on a twenty -five-year frequency, twenty -four-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 twenty -five-year frequency twenty -four-hour
duration storm event. The modified Type 2 11 SCS rainfall distribution shall be used. Post
development runoff shall not exceed pre -development runoff unless a maximum discharge
rate has been adopted for the applicable c+roinage basin and the discharge does not
exceed that rate. Maximum discharge rates for each basin shall be adopted by an
ordinance amendment to section 930.071 herein. If a maximum discharge rate has not
been adopted for the applicable basin, post development discharge shall may not exceed
pre -development discharge.
(c) Retention or detention with filtration of the runoff from a minimum of the first
one inch of rainfall shall be provided on-site. Credit for soil storage shall be given in
retention of the first one inch of rainfall. Detention with filtration or retention shall be
provided on-site for the initial one inch of rainfall plus 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 that has
sufficient capacity to accept the additional runoff. All discharges from -a non-residential
sites within one mile of the Indian River Lagoon shall be designed to retain the first one
and one-half (1 1/2) inches of rainfall on-site before discharge into a legal positive outfall,
or the Indian River Lagoon.
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(e) Discharges from the development project shall be conveyed to a point of
legal .positive outfall. Tailwater stages of receiving waters must be taken into account in
design. Off-site conveyance improvements or enlargement of existing downstream
facilities may be required.
(f)
te-a-permeable dra n 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 unless protected by
a suitably designed flap gate. If the project site is located in a special flood hazard area
and direct outfall is to an agency system, the use of a flap gate must be approved by that
agency. The bottomelevation of a dry detention or retention system or area used for
storage, must be a minimum of one foot (1') above the established wet season water table.
• dill la ... ..
Section 930.07, Review criteria for all development projects, sections (1)(h);
(1)(h)(2); (1)(h)(7)(d); (1)(h)(9); (1)(h)(10); and (1)(h)(11), are amended to read as
follows:
n)1(h) Disposition of stormwater runoff. The stormwater management system for
developments located predominantly on excessively drained soils shall
maximize stormwater infiltration. This shall be accomplished through the use
of bottomless inlets, perforated pipe, under drains, 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:
2. Street drainage shall be by grassed swales, where allowed, or curb
and gutter in accordance with county specifications. provided All curb and
gutter systems shall discharge or direct water into a central stormwater tract
or across a grassed swale area or other filtering medium.
7. Flood routing analysis for all new local road facilities shall show that
the water elevation shall at no time during the design storm duration
exceed an elevation that would:
d. Exceed the elevation of six inches below the finished floor
elevation of any structure for the more critical of a .twenty-five
year, twenty-four hour (25/24) or a one hundred -year, three-day
(100/72) duration storm.
zone.
9. All bridges will be designed to--pa-6s with the lowest member above the
twenty five-year, twenty four-hour (25/24) and one hundred -year,
three-day storm (100/72) events, or as otherwise directed by the
governing water body agency.
10. All proposed culverts or structures within all F.S. Chapter 298 Water
Control Districts' rights-of-way or easements shall be approved by the
applicable water control district or shall be designed according to the
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water control districts' published requirements prior to issuance of a
stormwater management system permit. land development permits
being issued or site plan release.
11. In all subdivisions not having a centralized stormwater management
system, all side lot and rear lot drainage swales shall be a minimum
total of twenty (20) feet wide, ten (10) feet on each side of side lot
lines the lot linc. The approval of this type of system is at the
discretion of the county Public Works director and shall only be
considered along the crest of the one -mile Atlantic coastal ridge or
barrier island where excessive soil permeability exists.
S ection 930.07, Review criteria for all4;;:;;::
lot rojects, section (1)(h)(12) is
created as follows:
12. New subdivisions ldhazaareas orront, rear or side lot swales as a
method for stormwater runoff treatment, except as provided for below.
Swales for runoff transference (conveyance) are allowed and shall be
designed to maintain a minimum elevation above the 25 -year, 24-hour
storm event (one foot above 25 -year, 24-hour storm is recommended)
and contain .positive flow (minimum slope of 0.3%). At the discretion
of the Public Works Director, subdivisions not located in a special
flood hazard area and having. lots less than 65,000 sq. ft. in size, are
e ligible for a waiver from these swale prohibitions and restrictions, in
part or whole, based on site and soil conditions. Waivers will be
limited to sites located on the barrier island and the Atlantic coastal
ridge running just west of US Highway 1.
S ection 930.07, Review criteria for all development projects, sections (1)(h)(13)and
(1)(h)(14), are amended to read as follows:
13.2. All new developments located in the shallow aquifer recharge areas
identified in Fig 3.D.2 of the natural groundwater aquifer recht:rje sub -
e lement of the county's comprehensive plan shall retain the increase
in run-off volume resulting from a twenty -five-year, twenty -four-hour
storm event.
14.43. All slopes greater than few -(4} six (6) horizontal to one vertical
shall be sodded. Flatter slopes, depending on site-specific design,
a-Pal+sation may also be required to be sodded as part of the
stormwater management system permit. The Public Works director,
through the county stormwater permit process, may require sodding of
flatter slopes if warranted by site or design characteristics.
Section 930.07, Review criteria for all development projects, sections (1)(i)(1); (1)(k);
(1)(I),(1)(m)[(1) through(3)]; (1)(s).1; (1)(t); and (1) (t) (2) and (3), are amended to read
as follows:
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[(1 WO Material specifications for culverts and storm sewers. The following pipe
materials are acceptable:
1. Reinforced concrete pipe, fiber reinforced concrete pipe, bituminous
coated corrugated steel pipe, aluminum pipe, aluminum pipe arch,
bituminous -coated structural plate steel pipe, bituminous -coated steel
pipe arch, and HDPE N-12. Other pipe materials may be used, if
approved for the intended use by the Florida Department of
Transportation. The minimum diameter of single-family residential
driveway or stormwater management system discharge culverts shall
be twelve (12) inches or its cross-sectional equivalent;
(k) Temporary ponding is allowable in areas specifically designed with high
percolation rates (such as east of SR A -1-A on the Barrier Island). The
design shall be such se that ponding does not last more than eight (8) hours.
Temporary ponding in parking lots is permissible, if of shallow depth.
(I)
Materials used in drainage facilities which cross, traverse, or encroach upon
major roads as depicted on the Indian River county thoroughfare plan shall
be of FDOT approved materials, acceptable to the Indian River Public Works
director and designed for a minimum fifty-year life.
(m)(1) All stormwater facilities shall be established in dedicated stormwater
management tracts, easements, or specified common areas. The plat and
any homeowners' association documents, property owners' association.
documents, condominium documents, deed restrictions, or other legally
binding instruments shall describe the location of such areas, specifically
define the mechanism for preservation and maintenance of any private
drainage systems, and shall appoint an entity responsible for perpetual
maintenance and preservation.
(2) All wet detention stormwater management tracts (not including swales) greater
than 0.5 acres at control elevation, shall include a ma ntenance area free of
obstructions except as .otherwise provided below. with The maintenance area
shall have a slope not steeper than eight -foot horizontal to one -foot vertical
(8:1)and shall be a minimum of fifteen (15) feet wide, completely around and
outside the area submerged by the twenty-five year, twenty-four hour design
stormwater elevation. If proposed lots or tracts are to be under separate
ownership, then the maintenance area --shall be connected to fleeting
with an ingress -egress or other appropriate easement, or public right-of-way,
having a minimum width of fifteen (15) feet.10 _ In _ _ uels
OD
IMP VS IV 10 10
1 WI
A VI
owner's association is properly established. Open channels and swales in
single-family residential developments shall be located within an easements
that are with a minimum of fifteen (15) feet wide -feet-width for access and
maintenance.
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(3) The. requirement of a maintenance easement area and the prohibition of
o bstructions in subsection (m)(2) may be waived in part or in whole by the
Public Works director basedon site and design characteristics, which may
include the following:
1) the ability to maneuver and operate maintenance equipment as
necessary,
2) preservation of existing trees and native vegetation, and
3) proposed landscaping improvements. Generally, landscaping
within the maintenance area must be designed using groups of
plantings not exceeding 50 feet in length with a minimum
separation of 100 feet between planting groups. Between such
groupings'a 10 foot wide access path shall be maintained. The
county shall not be responsible for restoration of any damage to
the landscaping that may occur in the event the county performs
maintenance within the maintenance area.
(4) The design of retention or detention facilities within a For single-family
residential development retention and detention facilities above and below
- shall meet slope requirements of the
county and any other agency that may employ such criteria. Such retention
o r detention facilities designed to impound more than two feet of water shall
be graded to slopes no steeper than four -foot horizontal to one -foot vertical
(4:1) to a minimum depth of two (2) feet below the control elevation, or a
properly designed retaining wall shall, be used. Drainage systems that will
n ot impound more than two feet of water shall not exceed slopes of three-
foot horizontal to one -foot vertical (3:1) unless otherwise approved by the
county or provided for under specific design criteria by other sections of the
Land Development Regulations.
(5) Drainage systems, in all developments on all other than single family
residential developments, shall maintain maximum slopes wide of two (2).
horizontal to one (1) vertical for swales Tess than or equal to ene (1) foot two
(2) feet deep and three (3) horizontal to one (1) vertical for all swales more
than one (1) foot two (2) feet deep.
(6) Dry retention slopes and wet retention slopes above the design normal or
control to water elevation shall be grassed or otherwise stabilized.
Retention or detention ponds with any area having more than two feet of
water at design storm or permanent pool with the exception of ponds, or
lakes, in golf courses, public parks or in developments in which the pond, or
Take is designed to serve as an aesthetic amenity to the development, shall
be fenced with a minimum four -foot high fence as determined by the Public
Works director.
(s) The applicant shall wizI4 demonstrate that the development project is
n ot in a special flood hazard area zone.
1. A special flood hazard area zono shall encompass all lands subject to
inundation by the one hundred -year regulatory flood including lands in
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critical flood zone or coastal high hazard areas. Flood hazard zones,
critical flood zones, coastal high hazard areas and flood elevation data
may be identified through flood hazard studies and delineated on the
flood insurance rate maps (FIRM) published by the Federal
E mergency Management Agency. Copies of the FIRM and supporting
data are incorporated by reference into this chapter. As new or better
information becomes available, this chapter will be amended to
incorporate new maps and flood elevations and other data. Current
maps and supporting information are available for- — -- inspection
ed at the Indian River County Administration Building, Community
D evelopment Department. 1840 25th Strcct Vcro Bcach, F. 32960-
(t) Provisions applying to re -development of existing development.
2..Developers of a Al4aidies currently developed site, required for any
reason to get a major site plan approval, or maior modification of an
existing land development permit, must demonstrate that the site has
or will have a stormwater management system conforming to section
930.07(1)(a) and will shalt meet the water quality level of service as
required in section 930.07(1) for the area being re -developed.
S tormwater treatment shall be provided for the increase of all
proposed new impervious area and 50% of the site's impervious .area
for which no runoff treatment has been previously provided.
D evelopers of a currently developed site, required for any reason to
get a minor site plan or administrative approval, must provide
stormwater treatment for the first inch of runoff for the area being re-
developed. The Public Works Director may modify this requirement
based on site or design characteristics. All sites being re developed
and required to obtain major site plan approval, or modification of an
service as required in section 930.07(1)(c) for the or a being rc
developed.
Section 930.07, Review criteria for all development projects, sections (2)(h).1 and .2,
are amended to read as follows:
[(2)[(h) If any lot in a residential subdivision lies within a flood hazard zone, then the
following additional standards apply to approval of the preliminary and/or final
plat, as applicable:
1. Each lot depicted on a preliminary and final plat must include a site
suitable for constructing a residential building in conformity with the
standards of this chapter.
2. Two (2) One (1) or more elevation benchmarks must be established
on actual exterior plat corners and indicated on the final plat. Said
elevations must be referenced to the NGVD (1929) or current datum
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as duly adopted by the County and shall be calculated to within one-
hundredth (0.01) foot. tenth (0.1) A note shall be placed on the final
plat, stating the published origin of the datum and elevations
Section 930.071(2), Drainage basin maximum discharge rates, is amended to read as
follows:
(2) Basin maximum discharge rates: based on a 257year, 24-hour storm event
over a 72 -hour period
1 Drainage Basin 1 Maximum Discharge
Rate
B-1 (Beach)
B-2 (Beach)
B-3 (Beach)
B-4 (Beach)
B-5 (Beach)
R-1 (Indian River)
R-2 (Indian River)
R-3 (Indian River)
R-4 (Indian River)
R-5 (Indian River)
R-6 (Indian River)
R-7 (Indian River)
M-1 (Indian River Farms
WCD)
M-2(Sebastian River
WCD)
M-3
(Sebastian/Roseland/Fle
ming Grant)
M-4 (Corrigan
RanchNero Lake
Estates)
M-5 (Fellsmore WCD)
SJ -1 (St. Johns WCD)
SJ -2 (St. Johns Marsh)
SJ -3 (Talbot Terrace)
SJ -4 (Delta Farms
WCD)
77 24 hours
2" / 24 hours
2" / 24 hours
Section 930.08, Required information for permit applications, sections (1) and
91)(a), are amended to read as follows:
(1) Type A permit. A detailed description and drawing (scale one inch equals
fifty (50) feet 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 one 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 section 481.2290, as may be
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amended from time to time. The following information shall be required:
(a) 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.
Soil borings at spaced no more than four hundred (400) feet apart spacing to
a minimum depth of six (6) feet shall be provided. Alternate representative
soil profiles are allowed may be used if approved in writing by the Public
Works director and if demonstrated to be from a reliable and generally
recognized source. A one -foot interval contour topographic map of
development area including offsite area of sufficient size to indicate the
general neighboring elevations, drainage patterns and transition grades shall
be provided. Justification for wet season water table assumptions shall be
provided.
(h) Where percolation is proposed, at least one boring per basin shall be
submitted. Said borings shall be to a depth of twenty (20) feet below the
invert of the basin or to a depth sufficient to locate the groundwater table or
impervious soil layer. If the stormwater management system utilizes
percolation in the design, a minimum of one soil permeability analysis per
stormwater tract, with a maximum spacing of 200 feet between percolation
test sites, must be provided by the soil testing company and clearly
demonstrated in the soil investigation report.
Section 930.10, Permit application and review procedures, sections (2) and (3) are
amended to read as follows:
(2) Type A or B Stormwater Management System permit application. 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 permit application shall not be submitted until the project has been approved by TRC,
or the project has otherwise been determined acceptable for permitting `�v the County.
The requirements of this chapter shall be reviewed during the site plan or subdivision
review processes if the project would otherwise require sitc plan or subdivision review. If
The Public Works Department shall review
the application and render a decision as to whether the requirements of this chapter are
met within fifteen (15) working days.
(3) Type C permit application. If a Type C permit is required for the project, the
applicant shall furnish all necessary flood protection information to the Community
Development director, or his designee, on forms furnished by the department. The
application 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.
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Section 930.11. Administrative duties, section (1)(e) is amended to read as follows.
(1) Stormwater management; duties of the Public Works director. The Public
Works director shall perform the following specific duties:
(e) Any system required by this chapter 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 board of county commissioners 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 board of
county commissioners. 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 properly 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 corrective action necessary. If the party
fails, 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 at
its discretion, enter upon lands, take corrective action and the cost of such
corrective action shall become a lien on the property or properties benefited.
Section 930.11. Administrative duties, section (2)(c), is created to read as follows:
(2) Flood protection management; duties of the Community Development
director. The Community Development director shall have authority to administer this
chapter, and shall perform the following specific duties:
(c) Maintain a record of the approved grading plan for each building and
an "as -built" survey demonstrating that the final site grading is in compliance
with the approved grading plan. No Certificate of Occupancy (C.O.) shall be
issued unless the County Engineer or his designee verifies that the "as -built"
survey demonstrates compliance with the approved grading plan.
Acceptance of the grading plan and "as -built" survey is ministerial in nature
and does not confer responsibility on the County for drainage.
Section 930.11. Administrative duties, sections (2)( (d), (e), (f), (g), (h), and (i), are
amended to read as follows
(d) (c) Maintain a record of the actual, "as -built" elevation or flood -proofing of all
buildings constructed after flood management review;
fg)(d) Coordinate the review with other permitting agencies, if necessary;
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if)(a) Notify adjacent communities, the St. Johns River Management District and
the State of Florida Department of Community Affairs prior to alternation or
relocation of a watercourse and provide a copy of such notification to the
Federal Insurance Administrator;
jai(f) Maintain a record of all variances, including justification for their issuance,
and submit a copy annually to the Federal Insurance Administrator;
(h)(g) Interpret flood hazard areas; the boundaries of critical flood zones flood
hazard zone and base -flood elevations; and interpret the boundaries drawn
on the FIRM to reconcile elevation data and field conditions;
(#}
Issue notice of violation and otherwise enforce this chapter.
PART III: GENERAL PROVISIONS.
S ECTION ONE: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of
competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same
shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall
be in full force and effect and be as valid as if such invalid portion thereof had not been
incorporated therein.
S ECTION TWO: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or
in conflict .with the provisions of this Ordinance are repealed to the extent of such
inconsistency or conflict.
S ECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may
be renumbered or relettered to accomplish such, and the word 'ordinance" may be
changed to "section", "article", or any other appropriate word.
S ECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect immediately upon filing with the Department of
This ordinance was advertised in the Vero Beach Press -Journal on the 22 day of
August, 2005, for a public hearing to be held on the 6th day of September, 2005, at which
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time it was moved for adoption by Commissioner Wheel er
Commissioner Davi s and adopted by the following vote:
Chairman Thomas S. Lowther Absent
Vice Chairman Arthur R. Neuberger Aye
Commissioner Wesley S. Davis Aye
Commissioner Gary C. Wheeler Ays_
Commissioner Sandra L. Bowden Aye
, seconded by
The Chairman thereupon declared the ordinance duly passed and adopted
this 6th day of September, 2005.
ATTEST: Jeffrey K. Barton, Clerk
By:
BOARD OF COUNTY COMMISSION
INDIA RIVER COUNTY, FLORIDA
By:
Sl
Thomas S. Lowther, _Chairman
Approv=. as to forr- aladilegal sufficiency:
Deputy C er B
Ian E.
Assistant County Attorney
Effg pvq p4485This ordinance was filed with the Secretary of State on the day of
SEP 1 5 2005 , 2005, and becomes effective
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