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HomeMy WebLinkAbout2003-016ORDINANCE NO. 2003= 016 • •'tl • 1MA11LI 1 10tWA 0 oy "ID •'tl I • '•• VAII '• 1 • 1' 1 1 11 � •' 1 • �' • ' � " • 111 •' BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. LDR Section 952.09(5)(c) and (d) are hereby amended to read as follows: (c) Small traffic attractors/generators. Projects determined to be small traffic attractors/ generators, defined as projects generating less than one hundred (100) average daily trips, shall provide for road paving as follows: 1. 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. Where access roads or abutting roads are designated on the transportation capital improvements program, traffic impact fees shall substitute for escrowing funds. 2. Abutting road frontage. For the paving of a road(s) abutting the project but not utilized for access (not including access for emergencies) 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 improvements program, traffic impact fees shall substitute for escrowing funds. 3. Paving option. In lieu of submitting funds for paving under (c) 1. or (c) 2. above, the applicant may propose to pave or arrange for paving the project's access road frontage and/or abutting road frontage, notwithstanding requirements 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 or certificate of completion 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. 4. Multiphase projects. For purposes of determining if a multiphase project is a small traffic attractor/generator, the total project trip generation of all phases shall be compared to the small traffic project definition criteria. &'2� F:\Conummnity Development\Users\CurDev\ORDINANCE\Public Road Paving - Escrowing Requirements 020303.doe ORDINANCE NO. 2003= 016 5. Cumulative effect. No certificate of occupancy or certificate of completion shall be issued for any project proposing access from an unpaved road, including a thoroughfare plan road, where the subject access road's volume with the project traffic will exceed two hundred (200) average daily trips, until one of the three following items is satisfied: a. the road accessing the project is paved from the project's access point(s) to a paved public road, or b. the road accessing the project is guaranteed to be paved through an approved and funded road improvement project (such as through a grant or approved petition paving project), or c. the applicant has submitted the project's share of petition pavingcosts" For subdivisions, no final plat approval shall be granted until adequate provisions have been made for paving and paving is complete prior to the issuance of a certificate of occupancy for structures on a subdivision lot or parcel, as per Chapter 913, Subdivisions and Plats. Provisions specified below under (d) 1., 2., 3., and 4. 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 commissioners 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. (d) Large traffic attractors/generators. Projects determined to be large traffic attractors/generators, defined as projects generating one hundred (100) or more average daily trips, shall provide for road paving as follows: 1. Access road frontage to access point(s). The road accessing the project, including a thoroughfare plan road, 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 certificate of occupancy for all or any portion of the project. 2. Remaining access road frontage. For the paving of portions of a project's access road frontage not covered in the above paving requirement (d) 1., 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. Where access roads are designated on the transportation capital improvements program, traffic impact fees shall substitute for escrowing funds. I Upon receipt of said funds, staff shall initiate a paving_project request, if none has already been initiated.. CODING: Underscored wording is additional wording to existing law. F:\Conanututy Deve lopment\Users\CurDev\ORD[NANCE\PubGc R0ad Pavutg - Escrowutg Requveinents J. OC ORDINANCE NO. 2003M 016 3. 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 cost 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. 4. Paving option. In lieu of submitting funds for paving specified under (d) 2. and (d) 3. above, the project applicant may propose to pave or arrange for paving the project's remaining access road frontage and/or abutting road frontage, notwithstanding 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. All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All special Acts of the legislature applying only to the unincorporated portion of the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. Codification The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intentions. 4. Severability If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 5. Effective Date Conflicting Provisions 2. Repeal of effect upon filing with the Florida Secretary All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All special Acts of the legislature applying only to the unincorporated portion of the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. Codification The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intentions. 4. Severability If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 5. Effective Date F:\Community Development\Users\CurDev\ORDINANCE\PubGu R0ad Pavutg - Ewmwutg Reyuiretrents 020303.doc State. This ordinance shall take effect upon filing with the Florida Secretary of F:\Community Development\Users\CurDev\ORDINANCE\PubGu R0ad Pavutg - Ewmwutg Reyuiretrents 020303.doc ORDINANCE NO. 2003400 016 This ordinance was advertised in the Vero Beach Press Journal on the 23rd day of Apri 1 2003, for public hearing to be held on the 6th day of May , 2003 at which time at the final hearing it was moved for adoption by Commissioner Neuberger , seconded by Commissioner Gi nn , and adopted by the following vote; The ordinance was adopted by a vote of: Chairman Kenneth R. Macht Vice Chairman Caroline D. Ginn Commissioner Fran B. Adams Commissioner Thomas S. Lowther Commissioner Arthur R. Neuberger Attest: Jeffrey K. Barton, Clerk BY Deputy Clerk ,.,� f .tr E, .T Filed with the Department of State on the � day of , 2003. ;I APPROVED AS TO LEGAL FORM Aye Aye f , r1 r.' Aye , ;�' v !V5 COMMISSIONERS 0. rr n ir.11 it/to 40" William G. Collins Deputy County Attorney tpny TTERS IF Robert M. Keating, AICP / Community Developmen Director F:,Conununity Development\Users,CurDev\ORDINANCEV'U C R0ud Puvutg - Escrowing Reyuireiwnts 020303.doc