HomeMy WebLinkAbout1985-62INDIAN RIVER COUNTY ORDINANCE NO. 85- 62
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING INDIAN RIVER COUNTY
ORDINANCE NO. 83-24, THE SUBDIVISION
CODE, AMENDING DEFINITION OF SUBDIVISION;
REVISING APPLICATION OF CERTAIN SURVEY
STANDARDS AND REQUIREMENTS AS APPLIED TO
PRELIMINARY AND FINAL PLAT SUBMITTALS;
REVISING AREA AND DIMENSION REQUIREMENTS
FOR CERTAIN LOTS; AMENDING REQUIREMENTS
FOR VEHICULAR ACCESS; REVISING REQUIREMENTS
FOR RIGHT-OF-WAY AND PAVEMENT WIDTHS;
REVISING REQUIREMENTS UPON CREATION OF
A NEW STREET; REVISING REQUIREMENTS FOR
DOUBLE FRONTAGE LOTS; 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.
DEFINITION OF SUBDIVISION
Indian River County Ordinance No. 83-24, Section 5,
Paragraph 54 is hereby amended to read:
Subdivision. The division of land, whether improved or
unimproved, by any means into three (3) or more lots, tracts,
parcels, tiers, blocks, sites, units, land condominiums or fee
simple townhouses, for any purpose, including sale or lease,
whether immediate or future, or any division of land creating or
changing any public easement or street; includes additions and
resubdivisions.
SECTION 2.
PRELIMINARY PLAT CERTIFICATION
Section 7(d)(3)d is hereby deleted in its entirety.
SECTION 3.
PRELIMINARY PLAT, ADDITIONAL
INFORMATION SURVEY
Section 7(d)(5)a is hereby amended to read:
a. An aerial photograph depicting the boundary lines of
the project shall be supplied together with a survey of the
existing site certified by a Registered Land Surveyor indicating
that the survey meets the minimum technical standards for land
surveying in Florida pursuant to Florida Statutes 9472.07 and
Chapter 21HH-6.01, Florida Administrative Code, as supplemented and
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amended from time to time, with contour lines at one -foot intervals
showing the following information:
1. Watercourses and all free-flowing wells, if any,
2. All water bodies showing the approximate mean high
waterline,
SECTION 6.
INITIAL POINT IN DESCRIPTION -
NEAREST CORNER
Section 7F(5)j shall be amended to read:
j. The initial point in the description shall be
accurately tied to the nearest Section Corner, Quarter Section
Corner or Government Lot Corner and a certified corner record will
be submitted to the Department of Natural Resources for such corner
in accordance with Florida Statutes §177, Part 111.
SECTION 7.
LAND CONDOMINIUMS, FEE SIMPLE TOWNHOUSES
Section 10(g)(1)a is hereby amended to read:
a. The area and dimension of all lots, except platted
land condominiums and fee simple townhouses, for which site plan
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3. All environmentally sensitive land as defined by the
Indian
River County Comprehensive Plan,
4. All trees identified as required
by the Indian River
County
Tree Protection Ordinance,
5. Coastal construction control line.
SECTION 4.
FINAL PLAT SURVEY STANDARDS
Section 7F(4)(f) is hereby deleted in
its entirety.
SECTION 5.
BOUNDARY SURVEY - FINAL PLAT
Section 7(f)(5)z is hereby created to
read:
Z. The boundary of the final
plat shall have a
mathematical error of closure not greater than
.01 foot. Any plat
undertaking
to establish a local tidal datum
and determine the
location
of the mean high water line or mean
low water line shall
comply
with the notification requirements of Florida Statutes
§177.37.
SECTION 6.
INITIAL POINT IN DESCRIPTION -
NEAREST CORNER
Section 7F(5)j shall be amended to read:
j. The initial point in the description shall be
accurately tied to the nearest Section Corner, Quarter Section
Corner or Government Lot Corner and a certified corner record will
be submitted to the Department of Natural Resources for such corner
in accordance with Florida Statutes §177, Part 111.
SECTION 7.
LAND CONDOMINIUMS, FEE SIMPLE TOWNHOUSES
Section 10(g)(1)a is hereby amended to read:
a. The area and dimension of all lots, except platted
land condominiums and fee simple townhouses, for which site plan
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approval has been granted, will conform to the requirements of the
Indian River County Zoning Ordinance and to the Comprehensive Land
Use Plan.
SECTION 8.
VEHICULAR ACCESS
Section 10(g)(3)a is hereby amended to read:
a. Every lot in a subdivision, except land condominium
and fee simple townhouse projects for which site plan approval has
been granted, shall have direct vehicular access to a dedicated
local or marginal access street which has been accepted and
maintained by Indian River County or by a property owners'
association.
SECTION 9.
INCREASE OF RIGHT-OF-WAY AND PAVEMENT WIDTHS
Section 10(c)(2) is hereby amended to reap:
The Board may require the increase of right-of-way and
pavement widths if it finds that the modification in width is
consistent with the projected traffic needs and good engineering
practice. No variance will be granted on minimum right-of-way
widths for public streets. Right-of-way widths for one-way private
streets may be reduced from the above standards as approved by the
Public Works Director and the Director of the Planning and
Development Division.
SECTION 10.
HEADER CURBS
Section 9A(15) is hereby created to read:
(15) Header curbs are required at the radii of all
intersections and entrances to cul-de-sacs.
SECTION 11.
UNLAWFUL ACTIVITY - CREATION OF
PUBLIC OR PRIVATE STREETS
Section 6(a)(5) is hereby amended to read:
(a). Unlawful Activity. It shall be unlawful and
subject to penalties provided herein for any person to:
(5)
Create
a public or private
street
without platting
in accordance
with the
applicable
provisions
of this
ordinance.
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SECTION 12.
DOUBLE FRONTAGE LOTS
Section 10(g)(3)d is amended to read:
Double frontage lots may only be created where they front
on and access a local street and the rear of the lot shall be
buffered as required in Section 10(c)(3)c of this Ordinance and
limited access easements shall be provided along such streets.
SECTION 13.
INCLUSION IN CODE
This 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 renumbered or relettered to accomplish
such purposes.
SEVERABILITY
If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, it is the
legislative intent that the invalidity shall not affect other
provisions or applications of 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.
QP01rinnj 1.
EFFECTIVE DATE
The provisions of this Ordinance (No. R5-62) shall become
effective upon receipt from the Secretary of the State of Florida of
official acknowledgment 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 17th day
of July , 1985.
j
APP90VED S r FORM
AN L L SU -f�
�GarA W.
randenburg,
u
Coty Attorney
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By -2)a. G
Don C. Scurlock, Jr., ice Chairman
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Acknowledgment by the Department of State of the State of
Florida, this 25th day of July , 1985.
Effective Date: Acknowledgment from the Department of State,
received on this 24th day ofJuly , 1985, at 11:00
A.M. /P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
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