HomeMy WebLinkAbout1985-47INDIAN RIVER COUNTY ORDINANCE NO. 65-47
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, BY REPEALING
SECTION 23, "SITE PLAN APPROVAL", AND CREATING 1) SECTION
23.1, "SITE PLAN REVIEW AND APPROVAL PROCEDURES"; 2) 23.2,
"REQUIRED SITE PLAN SUBMITTALS"; AND 3) SECTION 23.3, "SITE
PLAN REVIEW STANDARDS", AND PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES AS WELL AS CODIFICATION, SEVERABILITY
AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA that:
SECTION 1
Section 23, entitled "Site Plan Approval% is hereby repealed and Section 23.1,
entitled "Site Plan Review and Approval Procedures", Section 23.2, entitled
"Required Site Plan Submittals", and Section 23.3 entitled "Site Plan Review
Standards" are hereby substituted in place thereof and shall read as follows:
23.1 SITE PLAN REVIEW AND APPROYAL PROCEDURES
23.1 A. Purpose and Intent.
The purpose of this section is to establish uniform procedures for
reviewing applications for site plan approval, as required in this
ordinance. It is further the intent of this section to establish
procedures for reviewing minor site plans, as provided herein.
23.1 B. Applicability.
All site plans prepared in co-pliarce rith the requirements of this
ordinance shall be reviewed pursuant to the following procedures.
Site Plans shall be required as established in the zoning district
regulations for each of the following:
1. All permitted uses except single facily hcc.es and agricultural
operations.
Z All developments proposing a change in the use of an existing
structure. For purposes of this ordinance, a change in use shall
involve d change from one use category tv another use cdtegory.
3. All uses requiring an administrative permit.
4. All uses requiring special exception approval.
The procedures established herein shall not apply to Conceptual
Development Plans for Planned Residential Developments. Such plans
shall be prepared and reviewed pursuant to Section 25.4(H) of this
ordinance.
23.1 C. Establishment of Technical Review Committee.
The Technical Review Committee is hereby established for the purposes
of performing technical evaluations of site plan applications. The
Technical Review Comrittee shall be empowered to undertake any studies
and/or reviews necessary to complete an appropriate analysis of site
plans. The Planning and Zoning Commission shall establish bylaws and
rules of procedure to govern the review of site plan applications by
the Technical Review Committee.
I. Composition of Technical Review Committee.
The Technical Review Committee, as established herein, shall be
composed of the following members:
a. Director of Planning and Development;
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TABLE OF CONTENTS
Page
SECTION
1...............................................................
1
23.1 SITE PLAN REVIEW AND APPROVAL PROCEDURES
23.1 A.
Purpose and Intent ............................................
1
23.1 B.
Applicability.................................................
1
23.1 C.
Establishment of Technical Review Committee ...................
1
1. Composition of Technical Review Committee ................
1
2. Duties and Responsibilities ..............................
2
3. Public Meetings ..........................................
2
23.1 D.
Pre -Application Conference ....................................
2
23.1 E.
General Procedure for Site Plan Review and Approval ...........
2
1. Submission of Application and Fees .......................
2
2. Departmental Reviews of Site Plan ........................
3
3. Technical Review Corrrittee Meeting .......................
3
4. Decision of Planning and Zoning Ccrrission ...............
3
23.1 F.
Procedure for Review and Approval of Minor Site Plans .........
3
1. Applicability ............................................
3
2. Decision Authority Granted to Technical
Review Committee .........................................
4
23.1 G.
Time Limitations on Site Plan Approval ........................
4
1. Commencement of Construction .............................
4
2. Extensions of Site Pian Approval .........................
4
3. Abandonment of Construction ..............................
4
23.1 H.
Transfer of Site Plan Approval ................................
5
1. Approval Runs With the Land ..............................
5
2. Disclosure of Requisite Information ......................
5
3. Time Limits ..............................................
5
4. Transferability Limitations ..............................
5
23.1 1.
Modifications and Amendments to Approved Site Plans ...........
5
1. Minor Modifications; Planning and Development
Director Approval ........................................
5
2. Amendments to Approved Site Plans ........................
5
23.1 J.
Timing of Release of Approved Site Plans ......................
5
1. Issuance of Necessary Permits ............................
5
2. Dedication of Right -of -Way ...............................
6
3. Payment of Requisite County Fees .........................
6
23.1 K.
Timing of Issuance of Building Permits ........................
6
23.1 L.
Inspection and Certification ..................................
6
1. Site Inspections .........................................
6
2. Minor Variations ........................................
6
3. Final Certification ......................................
6
4. Fees .....................................................
7
23.1 M.
Appeals of Decisions Regarding Site Plans .....................
7
1. Time Limit for Filing Appeals ............................
7
2. Authority to Hear Appeals ................................
7
23.1 N.
Severability..................................................
7
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TABLE OF CONTENTS (cont.)
Page
23.2 REQUIRED SITE PLAN SUBMITTALS
23.2 A. Purpose and Intent ............................................ 8
23.2 B. Applicability................................................. 8
23.2 C. General Information ........................................... 8
23.2 D. Project Tabulations ........................................... 8
23.2 E. Vicinity Map .................................................. 9
23.2 F. Existing Site Conditions ...................................... 9
23.2 G. Graphic Requirements .......................................... 9
1. Proposed Buildings and Structures ........................ 9
2. Traffic Circulation and Internal Vehicular Movement ...... 10
3. Open Space, Landscape and Tree Protection ................ i0
4. Water, Sewer, Solid Waste, and
Other Utility Facilities ................................. 11
23.2 N. Drainage Plan ................................................. 11
1. Major Site Plan .......................................... 11
2. Minor Site Plans ......................................... 12
23.2 I. Traffic Impact Analysis ....................................... 12
23.2 J. Additional Requirements ....................................... 12
1. Legal Assurances ......................................... 13
2. Additional Surveys ....................................... 13
3. Additional Infor.ation................................... 13
23.3 SITE PLAN REVIEW STANDARDS
23.3 A. Purpose and Intent ............................................ i4
23.3 B. Applicability .................. I.............................. i4
23.3 C. Comprehensive Plan Consistency ................................ 14
23.3 D. Relationship to Transportation System ......................... 14
1. Compliance With County Thoroughfare Plan ................. 14
2. Traffic Impact Analysis .................................. 15
3. Paved Road Requirements .................................. 18
4. Intersection Design ...................................... 18
5. Intersection Radii ....................................... 18
6. Street Side Swales ....................................... 19
7. Street Names and Numbering Systems ....................... 19
8. Traffic Control Devices .................................. 19
9. Sight Distance ........................................... 19
10. Access Control ........................................... 19
23.3 E. Vehicular and Pedestrian Circulation .......................... 23
1. Off -Street Parking Areas ................................. 23
2. Off -Street Loading Areas ................................. 23
3. Lighting of Off -Street Parking, Loading Areas, and
Entrances................................................ 23
4. Parking Lot Landscaping .................................. 23
5. Pedestrian Movement ...................................... 23
TABLE OF CONTENTS
Page
6. Bikeway System ........................................... 23
23.3 F. Natural Resource Protection ................................... 24
1. Environmentally Sensitive Areas .......................... 24
2. Storm and Floodwater System Management ................... 26
3. Beach and Dune Protection ................................ 26
23.3 G. General Appearance and Relationship to Adjacent Properties .... 26
1. Site Location and Character of Use ....................... 26
2. Building Location and Design ............................. 26
3. Landscaped Areas ....................................... 26
4. Location and Shielding of Mechanical Equipment,
Unenclosed Storage Areas and Refuse Collection Areas ..... 27
5. Exterior Lighting; Protection of Sea Turtles ............. 27
6. Screening and Bufferyard Require-ents .................... 27
23.3 N. Open Space Areas .............................................. 29
1. Required Open Space ...................................... 29
2. Maintenance of Open Space Areas .......................... 30
3. Use of Open Space ........................................ 30
4. Preserve Natural Landscape 30
23.3 1. Public Access to k'aterbodies.................................. 30
1. Provision of Required Access Points ...................... 30
2. Combination of Required Access Points 30
3. Paving Requirements ...................................... 30
4. Dune Crossovers .......................................... 30
5. Fee Credits .............................................. 30
23.3 J. Adequacy of Public Facilities and Services .................... 31
1. Adequacy of Potable Water Service ........................ 31
2. Adequacy of Wastewater Trea tent and
Disposal Services ........................................ 31
3. Adequacy of Solid haste Disposal Site or Facilities ...... 31
4. Adequacy of Fire Protection Service ...................... 31
SECTION2............................................................... 33
SECTION3............................................................... 33
SECTION4............................................................... 33
b. Member of the Planning and Development Division, as des-
ignated by the Director of Planning and Development;
C. Public Works Director or his designee;
d. Chairperson of the the Planning and Zoning Commission or his
designee;
e. Representative of the County Utility Department;
f. Representative of Department of Environmental Health;
y g. Representative of County Attorney's office; and
h. Other representatives of County departments and agencies, as
approved by the County Administrator.
2. Duties and Responsibilities.
The Technical Review Corcriittee is hereby granted the following
duties and responsibilities regarding the review and appro%al of
site plan applications.
a. To undertake technical eyaluations of all site plan applica-
tions and to identify act deficiencies and/or discrepancies.
b. To approve, approve with conditions, disapprove or postpone
consideration of rinor site plans as defined herein.
Actions by the Technical Review Ccrrrrittee regarding minor
site plans shall be final unless appealed to the Planning
and Zoning Corn-ission within ten (10) working days.
3. Public Meetings.
Meetings of the Technical Review Cct-rittee shall be open to the
public and shall be held on a regular basis, as established in
the bylaws. Such meetings shall not require the notification of
those property owners surrounding the site being reviewed.
23.1 D. Pre -Application Conference.
Prior to application for any Site Plan approval, the developer should
confer with the staff of the Planning and Development Division to
discuss informally the applicable requires-ents and procedures. The
developer shall discuss all projects proposing construction or work
within a County right-of-way with the Public Vorks Director. The
developer should provide information necessary to describe the
proposed development at the time of the conference. Formal applica-
tion or filing of a site plan is not required for the pre -application
conference.
L3.1 E. General Procedure for Site Plan Review and Approval.
1. Submission of Application and Fees.
Prior to the review and approval of any site plan, an application
for such approval shall be filed with the Planning and Develop-
ment Division. All applications shall be accompanied by a fee to
be paid to the County; said fee to be established by the Board of
County Commissioners. Applications for site plan review shall be
accompanied by applications for the following permits, when
applicable: rights-of-way permit; tree removal; land clearing;
and stormwater management. An application shall be in a form
substantially in accordance with the form prescribed by the
County Administrator's office, copies of which may be obtained
from the Planning and Development Division of the County. The
authority for a person other than the owner(s) to sign such
application must be attached to and accompany said application.
Said application shall become null and void if approval is not
obtained within twelve (12) months of filing. Upon finding of
good cause, the Director of Planning and Development may grant
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one extension for a period of one (1) year. All appeals of such
decisions shall be heard by the Planning and Zoning Commission.
2. Departmental Reviews of Site Plan.
The Applications for site plan review and all other required
permit applications shall be forwarded to the Planning and
Development Director, who shall coordinate the review of the
application. The application shall be distributed to all members
of the Technical Review Committee, all appropriate County depart-
ments, and other state, regional and local agencies, as neces-
sary. The applicant shall be notified within ten (10) working
days should any errors, omissions or deficiencies be identified.
Each department shall review the application and submit all
comments in writing to the Planning and Development Division.
Complete applications and comments shall be assembled and for-
warded to the Technical Review Coarsnittee.
3. Technical Review Committee Meeting.
The Technical Review Co-nrnittee shall consider each application
and shall complete a technical evaluation of the site plan
application and identify any deficiencies or discrepancies.
4. Decision of Planning and Zoning Ccrrission.
Subsequent to the technical Evaluation of the application by the
Technical Review Co.i ittee, a copy of the Co(-imittee's findings
shall be transmitted to the applicant. Once all deficiencies
have been adequately addressed by the applicant, the application
shall be scheduled as an iter for a -eeting of the Planning and
Zoning Commission. The Plannino and Zoning Commission shall
review the prior record of the respective submittal, including
the findings of the Technical ReYie°w Co-r.,ittee. The Planning and
Zoning Commission shall base its decision on the use, size and
dimension regulations for the respective zoning district, the
site plan review standards established herein and all other
applicable regulations.
?3.1 F. Procedure for Review and Approval of Minor Site Plans.
1. Applicability.
For the purposes of this section, minor- site plans shall include:
a. Residential Uses.
Projects comprised of a sinyle building having three (,3) or
less dwelling units.
b. Non -Residential Uses.
Projects comprised of less than five thousand (5,000) square
feet of new impervious surface area, or ten percent (10.;)
lot coverage, whichever is less.
C. Other Minor Improvements.
Projects which involve additions to previously approved site
plans including: awnings, canopies, pools, fences, walls,
parking areas and driveways which do not exceed the thresh-
olds of paragraphs "a" and "b", above.
d. Cumulative Effect of Multiple Minor Site Plan Improvements.
Where multiple minor site plan requests for a single project
have been submitted and/or approved over any period of time
where potential impacts exceed criteria of a major site plan
application or together may create a substantial impact, the
Director of Planning and Development may require any new
minor' site plan application to be reviewed pursuant to the
criteria of a major site plan.
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Such projects shall be reviewed pursuant to the following
minor site plan procedures. All other applications for site
plan approval shall be reviewed pursuant to the procedures
established in subsection "E", prior.
Submission Requirements For Minor Site Plans.
Submission requirements for minor site plans shdll be as
required in Section 23.2. The Planning and Development
Director may waive or nullify any of the submission require-
ments.
2. Decision Authority Granted to Technical Review Committee.
Minor site plans shall be reviewed pursuant to para. 1-3 in
subsection D, "General Procedure for Site Plan Review and Ap-
proval", excepting that the Technical Review Committee is au-
thorized to approve, approve with conditions or deny minor site
plan applications, as defined above. Meetings of the Technical
Review Committee shall be open to the public; however, no written
notice to surrounding property owners is required. All approved
minor site plans shall be signed by the Chairman of the Planning
and Zoning Commission, who is a r:e7ber of the Technical Review
Committee. Decisions by the Technical Review Committee shall be
final unless appealed to the Planning and Zoning Commrission
within ten (10) working days.
23.1 G. Time Limitations on Site Plan ADDrovdl.
Commencement of Construction
All site plan approvals shall teroinate and become null and void
automatically without notice if construction has not commenced
within twelve (12) nonths frc(-, the date of approval. For the
purposes of this paragraph, ccnstructicc trill have commenced when
the developer has built a portion of a structure shown on the
plan (e.g. the pouring of footers), or has made substantial
improvements to the site, other than land clearing, filling or
grading, in accordance with the approved site plan, evidencing a
good faith effort to diligently- pursue construction to com-
pletion.
Extensions of Site Plan Approval.
Site plan approval may be extended one (1) tice only for good
cause by the Board of County Co7missioners for a period not to
exceed twelve (12) months. All requests for extensions must be
in writing on a form supplied by the County and received by the
County prior to expiration of the site plan.
Abandonment of Construction.
In cases where construction has connnenced according to paragraph
(G)(1) of this section, the site plan approval shall terminate
and become null and void after notice and hearing by the Board of
County Commissioners if construction is then abandoned or sus-
pended. For the purposes of this pardgraph, construction shall
be considered abandoned or suspended if at the hearing it is
shown that an active building permit has not been maintaired for
the construction of a structure in accordance with the approved
plan or it is shown to the satisfaction of the Board of County
Commissioners that construction at a level indicating a good
faith effort to proceed with the completion of the project has
not occurred for a continuous period of six (6) months immediate-
ly preceding the receipt of notice, unless the inactivity is
attributable to the deliberate and scheduled phasing of a multi-
phase project which has been approved as such by the County.
Upon issuance of notice, the County Building Division shall issue
a stop work order for the project. Said order shall be effective
until determination by the Board of County Commissioners. This
subsection shall not operate to invalidate any site plan prior to
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the end of the initial twelve-month period or any authorized
extension thereof.
23.1 H. Transfer of Site Plan Approval.
1. Approval Runs With the Land.
A site plan approval shall run with the land and shall transfer
to a successor in interest to the original applicant upon written
disclosure of such transfer to the Planning and Development
Division as to the identity of the successor. The disclosure
shall provide the full legal name of the person or business
entity acquiring the interest in the property, the nature of the
interest, the address of the principal place of business of the
successor, telephone number, name and address of registered agent
if corporation, name, address and title of officers or agents
authorized to transact business with the County, together with
proof of authorization if other than president or vice-president
or general partner, and the nare and address of any new design
professional for the project. A transferee developer must also
assume in writing on a form acceptable to the County Attorney all
commitments, responsibilities, and obligations of the prior
developer, including all special conditions of site plan ap-
proval.
Disclosure of kequisite Infos-aticn.
Failure to make the required disclosure and assumption shall
suspend all site plan and zoning aoprovals until such t`me as
proper disclosure and assu7..ption is rade.
Time Limits.
Transfer of site plan approval shall not toll or modify the
calculation of time limits set forth with respect to commencement
or abandonment of construction; fo110'aing any transfer, such time
limits shall be calculated as if the transfer had not occurred.
4. Transferability Exceptions.
This provision does riot relate to any transfer of space, units,
buildings, or property to a transferee xho intends to occupy the
property only after issuance of a certificate of occupancy,
unless the transferee is the successor developer, nor to the
creation or transfer of a nonpossessory lien or encumbrance.
23.1 1. Modifications and Amendments to Approved Site Plans.
Minor Modifications; Planning and Development Director Approval.
The Planning and Development Director is authorized to approve
minor modifications to previously approved site plans. The
Planning and Development Director is riot authorized to approve
any modification which would: increase the size of buildings or
structures; increase the number of dwelling units; decrease the
amount of open space; decrease the setback from any yard; or
grant any approval that would constitute a variance from the
requirements of this Zoning Ordinance. The Planning and Develop-
ment Director shall report all approved minor modifications to
the Technical Review Committee at the next regular meeting.
Amendments to Approved Site Plans.
Any amendments to approved site plans which are not deemed by the
Planning and Development Director to be minor modifications shall
be reviewed and approved in the same manner as the original plan.
23.1 J. Timing of Release of Approved Site Plans.
I. Issuance of Necessary Permits.
1611
It may be necessary for some projects to seek permits from
governmental agencies other than the County. In such cases,
approved site plans for these projects shall not be released
until the -applicant submits proof of approval or certification
from those agencies to the Planning Department when applicable to
the project. Agencies from which permits may be required in-
clude, but are not limited to, the following:
a. Department of Environmental Regulation.
b. Department of Transportation.
C. Corps of Engineers.
d. St. John's River plater Management District.
e. Florida Health & Rehabilitation Services.
f. Indian River Farms Drainage District.
g. St. John's Drainage District.
h. Fellsmere Water Management District.
i. Sebastian River Drainage District.
j• Other municipalities.
k. All applicable Indian River County agencies.
2. Dedication of Ri ht -of -Way.
All approved site plans which require lards to be dedicated for
road right-of-way will be released by the Planning Department
only after the deed(s) for the richt-of-way has been recorded as
part of the Public Records of Indian River County, Florida.
Payment of Requisite County Fees.
Evidence that all applicable Ccunty fees, including impact fees
and application fees, have been paid in full by the applicant
r.,e
must be submitted to the Planning Departnt prior to the release
of an approved site plan unless such fees are payable at other
times as provided by applicable larT.
23.1 K. Timing of Issuance of Building Pen its.
No building permit shall be issued by the Building Department of the
County until the time for appeals to the hoard of County Commissioners
regarding site plan decisions, as herein provided, shall have expired.
When an appeal is so filed, no such building pewit shall be issued
until after final determination of such appeal has been made.
23.1 L. Inspection and Certification.
Site Inspections.
Upon approval of a site plan and before construction begins, the
applicant shall notify the Indian River County Planning Depart-
ment in writing of the intent to begin construction and shall
submit a proposed construction schedule. The Department shall
conduct periodic inspections to ensure the project is completed
in accordance with the approved site plan.
Minor Variations.
Minor variations in the approved site plan are permitted upon
Planning Department approval. Said approval shall be in writing
and shall be affixed to the site plan. Cease and desist orders
may be issued by the Planning Department when violations are
discovered. All work not in conformity with the approved site
plan shall cease until Planning Department approval is given or a
revised plan is approved by the appropriate approving body.
Final Certification.
The applicant's architect or engineer of record shall notify the
Planning Department when the project is completed and shall
certify under seal that it substantially conforms to the approved
site plan, that all conditions of site plan approval have been
satisfied, and that any variations have been approved in writing
by the Planning Department. The Planning Department shall make
1019
final inspection and verify that the project was completed in
accordance with the approved site plan. Notice of verification
shall be transmitted in writing to the Building Department
Director who will ensure that final certification of approval
shall be attached to the site plan.
4. Fees.
All inspections of a site other than the initial check and one
re -inspection shall require the payment of a fee to the Planning
Department. Said fee shall be established by resolution of the
Board of County Commissioners.
23.1 M. Appeals of Decisions Regarding Site Plans.
Any decision regarding the approval, approval with conditions or
denial of a site plan may be appealed by the applicant for site plan
approval, the County Administration, or any other person(s) adversely
affected by the decision.
1. Time Limit for Filing Appeals.
Any appeal of a site plan decision shall be made in writing and
filed with the Planning and Development Department within ten
(10) working days fro7, the ti. -e of action by the approving body.
The written appeal shall thereupon be transmitted to the review-
ing body authorized to hear such appeals. All appeal petitions
other than those filed by the applicant or Indian River County
shall be accompanied by a fee, as established by resolution of
the Board of County Co-rissioners.
2. Authority to Hear Appeals.
Appeals of decisions regarding site plans shall be reviewed as
follows:
a. Decisions by the Technical P.evicw Committee.
Appeals of decisions rade by the Technical Review Committee
regarding rinor site plans shall be heard by the Planning
and Zoning Co=nission.
b. Decisions by the Planning and Zoning Cornission.
Appeals of site plan decisions .rade by the Planning and
Zoning Coan ission shall be heard by the Board of County
Conenissioners. Decisions of the Board of County Corrmission-
ers shall be final, unless review is sought by filing an
application for a Writ of Certiorari with the Circuit Court
for, the 19th Judicial Circuit within thirty (30) days of the
decision.
23.1 N. Severability.
Should any section, clause, word or provision of this Ordinance, or
application of a provision contained within this Ordinance, be de-
clared by the County to be unconstitutional or invalid, such declara-
tion shall riot affect the validity of the Ordinance as a whole or any
part thereof, other than the part or application declared to be
unconstitutional or invalid.
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23.2 kEQUIRED SITE PLAN SUBMITTALS
23.2 A. Purpose and Intent.
The purpose of this section is to ensure that all site plan applica-
tions include sufficient information for local officials to ensure
compliance with applicable County regulations.
23.2 B. Applicability.
All information required herein shall be provided as part of a com-
plete site plan application. All major site plans shall be prepared
and sealed by a Florida registered architect or engineer. The Plan-
ning and Development Director may waive certain submittal requirements
if he deems that such information is not necessary or appropriate for
a review of the proposed use.
23.2 C. General Information.
All site plan applications shall include statements regarding each of
the following:
1. Name of the project,
Statement of intended use of the site.
3. A statement describing the proposed reons of conveying ownership
in the property.
4. Name, address, and telephone nu:-.ber of all equitable owners.
5. Name, address, and telephone nu--ber of the applicant and firm
which he or she represents.
6. Name, address, signature, and registration number of the profes-
sionals preparing the plan.
7. Legal description, including the Section, Torinship and Range, and
the Property Appraiser's Hap Parcel ?k17ber•S, as applicable.
8. Date plan was drawn and date of any subsequent revision(s).
9. Approximate timetable for co,pletion of the project, or phases of
a multi -staged development.
10. Existing Zoning and Comprehensive Plan Land Use hlap desig-
nation(s) of the site.
23.2 D. Project Tabulations.
All site plan applications shall include the folloering calculations,
and the name of the person(s) preparing such data:
1. Gross acreage of the site, to the nearest one-tenth of an acre.
2. Number of proposed dwelling units and gross density (residen-
tial).
3. Number, of proposed buildings and structures.
4. Floor area of each proposed dwelling unit.
5. Floor area of each structure; if structure(s) include areas for
different commercial or industrial uses, the floor area for each
use -area shall be provided and clearly shown on the site plan.
6. Total square footage and percent of site covered by enclosed
structures.
7. Total square footage and percent of site covered by impervious
surfaces.
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8. Total square footage and percent of site provided as open space.
9. Total square footage and percent of site covered by lakes and wet
stormwater retention areas.
10. Number of Parking spaces required for va4h V50 and the tgtal
number of spaces provided,. including handicapped and compact.
11. Number of loading spaces required and the total number of spaces
provided.
23.2 E. Vicinity Map.
A vicinity map insert shall be made part of the site plan showing the
general location of the site using the names and locations of nearby
streets and prominent natural or• manmade landmarks. Scale shall be
sufficient to indicate the zoning and current land use of the property
contiguous to the site, including properties separated from the site
by a public/private street.
23.2 F. Existing Site Conditions.
The applicant shall also furnish the following information in graphic
or written form, as appropriate.
i'. Certified survey of the site, including property boundaries and
their dimensions.
2. Existing topography with a .axi=.c;,- of one (1) foot contour
intervals, based upon coast gecdetic datum.
3. Limits of one hundred year (100) flood plain and/or coastal flood
velocity areas (V -zones), as ShGMn on the most recent Federal
Emergency Management Agency (FEY) -aps.
4. Location of Coastal Construction Control Lice, if applicable.
5. Existing right-of-way width of all adjacent roadways and setback
lines.
6. Location and explanation of any existing easements.
7. Location and dimensions of any existing structures on the site,
and any parking or loading areas.
B. Location and width of existing on-site roadways and
rights-of-way.
9. Location and dimensions of existing driveways and access points
on the property and within two hundred (200) feet of the site.
10. Specific boundaries and acreage of wetlands and other environ-
mentally sensitive areas, if any.
11. Location of existing utility lines (water, sewer, power, etc., as
applicable) and existing private utility systems (wells and
septic tanks) shall be shown extending a minimum of two hundred
(200) feet from the site's property.
12. Location and size of all natural and manmade waterbodies.
23.2 G. Graphic Requirements.
The following information shall be graphically displayed at a minimum
on twenty-four (24) by thirty-six (36) inch sheets, at a scale no less
than one (1) inch equals fifty (50) feet, and shall include a north
arrow, graphic scale and the date the plans were prepared.
1. Proposed Buildings and Structures.
a. Intended use of structures, principal and accessory.
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b. Height and number of stories of all buildings.
C. Location, size, type, and orientation of all signs, includ-
ing traffic and directional signs.
d. Exterior building elevations and floor plans sealed by an
architect, pursuant to State Code requirements (Sec.
481.221, Florida Statutes).
e. Distance between structures.
f. Location of exterior mechanical equipment and/or utilities,
and method of screening, if applicable.
g. Location, height and type of construction material of
fences.
h. Location, height and materials utilized for screening.
i. Intended means of outdoor lighting, including location,
size, method of shielding light source, and intensity of
outdoor illumination and lighting.
2. Traffic Circulation and internal Vehicular Movement.
a. Location and di-ensions of all existing and propused drive-
ways and median cuts, and the distance separating them from
intersections and other existing or proposed access points
within two hundred (20-0) feet of the property.
b. Designation of all parking spaces, including the number and
dimensions of spaces and •+hether or not such spaces are
designated for handicapped or• ccmpact car parking.
C. Number and designation of loading spaces.
d. Surface materials of roadxays and driveways.
e. Fire lanes shall be ten (10) feet in width.
f. Overall internal circulation plan, including directional
arrows and signs to direct traffic flow. The Public 'rlorks
Director may request additional information on site distance
triangles if conditions warrant.
g. Location of existing and proposed on-site traffic -control
signs and signalization devices.
h. Posted speed limits of abutting roadways.
i. Location and specifications of all existing and committed,
abutting and/or transitional deceleration lanes, turning
lanes, sidewalks, bikepaths, drainage facilities (under-
ground and surface).
j. Location of all existing and proposed sidewalks and/or
bikeways abutting the site.
k. Any plan for combined off-site parking facilities shall be
accompanied by an agreement specifying the nature of the
arrangement, anticipated duration, signatures of all con-
cerned property owners, and any other requirements mandated
by the Parking Ordinance, Section 24.
3. Open Space, Landscape and Tree Protection.
a. Delineation of permanent open space areas.
b. Delineation of areas specifically designated as common open
space for residential projects.
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c. Proposed landscaping areas or other screening or buffer
improvements, including location, height and type of perime-
ter or ornamental walls, fences, landscaping, including
berms and other required screening devices.
d. Irrigation method utilized and source of water.
e. Location of mangroves, specimen trees, historical trees or
other protected trees as specified in the Indian River
County Tree Protection Ordinance.
f. Transition grades to all abutting properties.
4. Water, Sewer, Solid Waste, and Other Utility Facilities.
a. Existing water and sewer lines within the boundaries of the
site and within two hundred (200) feet of the property or
proposed connection to public water and sewer connection.
b. Existing un -site sewage disposal systems and water supply
wells within two hundred (200) feet of the property.
C. General locations of all proposed water and sewer lines,
utility/power poles, underground power- lines, telephone and
television cable transr:,ission lines, and other transmission
or generation facilities, and all proposed utility ease-
ments.
d. location of all proposed >7ater well5, private wa5tewater
treatment facilities, aa5 trans7,15sion lines, fire hydrants
or other sinilar facilities or services,
e. Solid waste storage locations and the method of storage and
screening identified. khere duspsters are utilized, the
location and paving naterial of the pad shall also be shown.
f. All proposed and existing utility rights-of-way and ease-
ments.
g. The applicant shall sub7it the inforr-ation required in items
(1) through (5) in the Indian River County Water and Sewer
Franchise regulations (Ord. 72-8, as revised April, 1978) to
the Utility Services Division, when the project proposes to
utilize public or private water franchise and/or sewerage
system.
23.2 H. Drainage Plan.
1. Major Site Plan
All major site plans shall provide a drainage plan which includes all
of the information and calculation requirements of the Indian River
County Stormwater Management and Flood Water Protection Ordinance
prior to receiving site plan approval. The applicant may submit such
a plan with the site plan application or following the approval of a
preliminary drainage plan.
In lieu of providing a complete drainage plan with the application for
site plan approval, the applicant may submit a preliminary drainage
plan to be evaluated by the Technical Review Committee. All prelimi-
nary drainage plans shall include the following information:
1. A soil boring log meeting the requirements of the Indian
River County Stormwater Management and Floodwater Protection
Ordinance.
2. Percolation tests pursuant to procedures established in the
Indian River County Stormwater Management and Floodwater
Protection Ordinance.
3. A written opinion from a professional engineer (or architect
if under one acre) licensed in the State of Florida
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certifying that the size, configuration and location of all
existing and proposed stormwater management improvements are
capable of retaining or detaining the first one inch of
rainfall on site.
4. Transitional property line grades.
5. Finished ground floor elevations.
6. The location and tracing of all legal positive outfalls to
be used by the site.
7. The depth and location of the out -of -season groundwater
table.
B. Size, configuration, and location of proposed stormwater
management tract.
Type "B" stormwater permit applications shall not be eligible for
preliminary drainage review.
2. Minor Site Plans
Minor site plans shall include the foilowing information regarding
drainage conditions and improvements:
1. One -foot interval contours based upon coast geodetic datum.
2. Proposed finished elevation of each building site and the first
floor level. A proposed grading plan, shall be submitted.
3. Proposed system for the orderly disposal of surface water runoff
with the system capabilities of having a minimum ability to
accommodate the first inch of runoff; all swales and retention
areas will be located with grades and elevations provided.
4. The size and grade of all existing and proposed drainage facil-
ities including culverts and pipes.
5. Centerline elevation of any street contiguous to the site
measured at the property lines extended.
6. Location and method of linkage with off-site drainage facil-
ities/ditches to acccxrrnodate the site's surface water run-off
outfall, including documents indicating legal access across
private property, if applicable.
7. Soil boring log showing representative soil types to a depth of
ten (10) feet. This requirement may be waived by the Public
Works Director.
B. Description of the existing pre -development drainage characteris-
tics of the land, including those areas contributing storm water
which passes through the site.
9. Proposed method(s) of erosion protection.
23.2 I. Traffic Impact Analysis.
All proposed developments which are determined to generate one thou-
sand (1,000) trips per day or more, or are located at a critical
transportation location, as determined by the Public Works Director,
shall submit a traffic impact analysis pursuant to the requirements of
Section 23.3(D)(2).
23.2 J. Additional Requirements.
The Planning and Development Director, Technical Review Committee,
Planning and Zoning Board or Board of County Commissioners may require
that additional information be provided in order to facilitate the
review of site plans. Additional requirements may include, but are
not limited to the following:
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Legal Assurances.
The applicant will be required, when applicable, to furnish legal
assurances confirming the availability of required supportive
facilities and systems for water supply, central wastewater
disposal, drainage, recreation, and other related services before
site plan approval.
2. Additional Surveys.
Soil, geologic, hydrological, vegetation or other surveys and
test results will be required, when applicable, to demonstrate
effectiveness of a component of the site plan.
Additional Information.
Any additional information as may be required, which is commensu-
rate with the purpose and intent of this ordinance.
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23.3 SITE PLAN REVIEW STANDARDS
23.3 A. Purpose and Intent.
The purpose of this section is to establish standards for reviewing
site plans in order to ensure compliance with applicable County
regulations.
23.3 D. Applicability.
The standards established herein shall apply to all site plan applica-
tions reviewed pursuant to the procedures of this Code. In addition
to the following standards, site plans shall also be reviewed pursuant
to all applicable zoning district regulations and regulations for
specific land uses, as applicable.
23.3 C. Comprehensive Plan Consistency.
The development of any areas subject to the provisions of this ordi-
nance shall be consistent with the objectives and policies regarding
the physical development of the County, as established in the various
elements of the Indian River County Cce.prehensive Plan.
23.3 D. Relationship to Transportation S ste:-..
1. Compliance With Court), Thoroughfare Plan.
The Indian River County Thoroughfare Plan shall serve as the
official standard for dedicating rights-of-way, designing road
improvements, designating traffic control devices and determining
access requirements, including frontage roads.
a. Hight -of -Nay Dedication.
The land lying within the proposed development which is
necessary to widen or extend roadways to the standards
designated in the Indian River County Thoroughfare Plan, or
t0 provide adequate lard area for utilities, sidewalks
and/or bikepaths shall be dedicated to the County by the
applicant prior to the release of the site plan.
Applicable Stanoards.
The engineering design of i.prove:-ents within rights-of-way
shall be in compliance with the standards in the "Manual of
Uniform Minimum Standards for Design, Construction, and
Maintenance of Streets and Highways," published by the
Florida Department of Transportation unless a variance is
granted by the hoard of County CoffuOssioners. All con-
struction within the right -of -xray shall conform to county
engineering standards.
Minimum Right -of -Way and Pavement Requirements; Credit for
Dedicated Land.
The following minimum pavement widths and right-of-way
widths shall be provided either at the time of development
or in the future, as deemed necessary by the Public Works
Director. These standards are consistent with the func-
tional road classification system established in the Compre-
hensive Plan.
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Street Types
Arterial
Primary Collector Streets
Secondary Collector Streets
Subdivision Feeder Roads
Minor or Residential Streets
(with swale drainage)
Minor or Residential Streets
(closed drainage, curb and
gutter)
Marginal Access Roads
Minimum
Minimum
Right -of -Way Width
Pavement Width
120'
48'
100'
48'
80'
36'
60'
24'
60'
22'
50'
22'
40'(easement or 20'
(right-of-way)
All land area requested by the County for street or road
right-of-way and dedicated by donation to the County, and
accepted by the County, after January 1, 1984, may be
included in acreage calculations for purposes of density
determination when the parcel frau which the land area was
dedicated is proposed for develop;-ent. While the land area
dedicated to the County may be used for density calculation,
this area may not be used to satisfy setback requirements,
site coverage requirements, open space requirements or any
other specific land use regulation.
Additional Right -of -Way and/or Pave. -int Width.
The reviewing body may require the increase of right-of-way
and pavement widths if a finding is rade that the increase
in width is necessary to acco7r.odate the projected traffic
needs of the project and is consistent with good engineering
practice. Additional right-of-way or pavement width may be
required to promote public safety and convenience, or to
ensure adequate access, circulation, and parking. Whenever
any street requires improvement within the area to be
developed, the appropriate right-of-way and paver:ent shall
be required. Where a site abuts or contains an existing
street of inadequate right -of -xray or pave: ent width, addi-
tional right-of-way and pavement, in conformance with
minimum County standards, ray be required for new site
development.
Maintain Level of Service Standards.
It is the intent of this Section to maintain a Level of
SerViCe "C" on all major roadways on an average annual
basis. A Level of Service "D" shall be acceptable during
Peak 5ea5on conditions. No development shall be approved
which reduces the level Of SUV1Ce belo'a these nininmm
standards. To determine wn ting Ong enpeCted SerylCe
)eve)s, the number of trips generated by or attracted t0
hdt•h ex's" ng and committed developments mill be t9n5i0erea,
2. Traffic Impact Analysis.
a. Purpose.
The purpose of the traffic impact analysis requirement is to
achieve objectives established in the Transportation Element
of the Indian River County Comprehensive Plan. It is
intended to provide an equitable and systematic means of
determining the future impacts of proposed developments upon
the Indian River County transportation system, to maintain
adequate service levels on roadways, and to ensure that new
developments install required traffic improvements which are
necessary to preserve the public health, safety and general
welfare.
b. Applicability.
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A traffic impact analysis shall be required for site plan
applications where the proposed development will gener-
ate/attract one thousand (1,000) trips per day or more; or
developments where the proposed use is located at a critical
transportation location, as determined by the Director of
Public Works. The applicant will be notified at the
pre -application stage if a traffic impact analysis will be
required, provided sufficient information is available for
County staff to determine whether or not the trip generation
threshold will be surpassed.
The approving body may waive this requirement based on a
determination by the Director of Public Works that the
proposed use will not generate any adverse off-site impacts
warranting corrective measures by the applicant or that
sufficient data is already available for the traffic impacts
to be adequately assessed.
Applicable Trip Generation Rates.
Trip generation will be calculated based upon actual studies
performed for or by Indian River County, as available or the
latest data contained within the Institute of Transportation
Engineers' Trip Generation liar,ual, current edition In
the event that suitable data are not available for the
proposed land use(s), the Public Works Director must approve
estimates prior to acceptance of traffic impact analysis
results.
Level of Service Standards.
No proposed development shall be approved which reduces the
Level of Service (L.O.S.) on r,ajor thoroughfares and/or
intersections below L.O.S. "C" on an average annual basis,
or below L.O.S. "D" during either peak hour or peak season
conditions. Level of Service standards shall be based on
definitions established within the "Highway Capacity Manu-
al", (current edition), by the Highrnay Research Board.
Preparation of Traffic Impact Analysis.
The analysis shall state all data sources and the methodolo-
gy utilized in the study. County c0, -rents on the analysis
will be provided in a written form. The applicant will then
have the opportunity to incorporate necessary revisions
prior to submitting a final report.
Contents of Traffic Impact Analysis.
i. Study Area Boundaries. The boundaries of the transpor-
tation impact areas shall vary based on the peak hour
trips generated by the proposed development. The study
area shall include all arterial and collector roadways
as provided below:
Peak Hour Trips Study Area Radius
less than 500 1/2 mile
500 to 1,000 1 mile
over 1,000 3 miles
The study area radius shall be measured from the
boundaries of the property being developed. Projected
impact on barrier island bridges shall be included in
the study area report.
ii. Existingand Proposed Land Uses. The traffic impact
analysis shall also include a description of the
existing and proposed land uses on the site. The land
uses of adjacent properties within five hundred (500)
feet, including vacant land, shall also be identified.
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00
In addition, the roadways that afford access to the
site, and are included in the study area, shall be
identified.
Existing and Proposed Roadways and Intersections.
Within the study area, the applicant must describe
existing roadways and intersections (geometrics and
traffic signal control) as well as improvements commit-
ted to by government agencies. This would include the
nature of the improvement project, its extent, imple-
mentation schedule, and the agency or funding source
responsible.
iv. Existing and Committed Traffic Conditions. A detailed
description of the existing traffic conditions, includ-
ing the Average Annual Daily Traffic (AADT) and the
highest average peak hour volume for all collector and
arterial roads within the study area shall be provided.
The AADT shall be based on a current twenty-four (24)
hour traffic count provided by the applicant. The
County shall provide the applicant with information
regarding all co-mitted development within the bound-
aries of the study area and this information shall also
be included in the analysis. The current twenty-four
(24) hour traffic count shall be adjusted to compensate
for seasonal variations. This adjustment shall be
determined by utilizing quarterly traffic counts, as
supplied by the county. The methodology and as-
sumptions underlying the annual adjustment shall be
clearly stated. The average peak hour traffic volume
shall be the hiohest average peak hour volume for any
weekday twenty-four (24) hour period. The applicant
shall also describe the existing levels of service
(L.O.S.) of all collector and arterial roadways and
intersections trithin the study area.
Trip Generation. The traffic impact analysis shall
include a sunary table listing each type of land use,
the size or nu-,ber of duelling units proposed, average
trip generate rates utilized (total daily traffic and
a.m./p.rn. peaks) and the resulting total trips generat-
ea. All methodology and assumptions must be clearly
stated.
vi. Trip Assignment.. The traffic impact analysis shall
describe the utilization of study area roadways by site
generated traffic. The anticipated site traffic
volumes shall be combined with existing and projected
area traffic volumes to describe mainline and turning
movement volumes with the site developed as proposed.
All traffic will be assigned to existing and planned
facilities in a manner consistent with existing traffic
patterns and approved by the County.
vii. Determination of AnticiRoadwa and Intersection
Levels of 5ervtce. Ttie service evels of roadways and
intersections within the study area shall be determined
based on the trip generation and assignment study
including an analysis of existing and committed devel-
opment. Level of Service "C" will be the design
objective and under no circumstances will Level of
Service "D" be acceptable, except during the peak hour
or peak season. Whenever level of service is de-
termined to be below these minimum standards, develop-
ment shall not be permitted unless the applicant
provides roadway or other improvements necessary to
maintain Level of Service "C" and "D" respectively.
viii.Improvements to Roadways and/or Traffic Control
Devices. Transportation improvements such as inter-
section improvements; additional turning, acceleration
or deceleration lanes; modified lane delineations; new
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or improved traffic control devices; or other such
improvements may be required in order to maintain Level
of Service standards. Accel and de -el lanes which are
required shall be funded by the applicant. The appli-
caht may be required to fund and/or install other
necessary improvements or provide a legal assurance,
such as a performance bond or other surety approved by
the County Attorney, prior to the issuance of a build-
ing permit.
g. Timing of Traffic Impact Analysis: Relationship to Site Plan
A royal.
An applicant may receive site plan approval prior to the
completion of the traffic impact analysis on the condition
that the applicant will comply with the findings of the
Public Works Director.
h. Traffic Impact Analysis File.
The Public Works Director shall maintain a file of all
traffic impact analyses, including the data and methodology
utilized. The County shall provide information and data,
when available, in order to prevent duplication of efforts
and unnecessary costs.
3. Paved Road Requirements.
(RESERVED)
4. Intersection Design.
The following location and design criteria shall apply to inter-
sections:
a. Acceleration, deceleration and/or turning lanes shall be
provided by the applicant at intersections of arterial or
collector routes if projected traffic entering the site
equals or exceeds sixty (60) vehicles in the peak hour or
one thousand (1000) vehicles per day for right turn and/or
left turn movements.
b. The first point of access to a marginal access road from a
primary collector or arterial street shall be at least three
hundred thirty (330) feet frc,7 the intersecting right-of-way
lines of arterials shown on the Indian River County Thor-
oughfare Plan with subsequent intervening access points
being at least six hundred sixty (660) feet from the inter-
secting right-of-way lines, unless otherwise approved by the
Public Works Director and the Planning and Development
Director.
C. Median access points on arterial roads shall be allowed only
at intersections of other arterial roads, collector roads or
marginal access roads. Deceleration lanes may be required.
Additional access points may be permitted if deemed neces-
sary by the Public Works Director.
d. On any arterial or primary collector road, the required road
right-of-way width may be increased by up to twelve (12)
feet, if deemed necessary by the Public Works Director,
within two hundred fifty (250) feet of the intersection with
another arterial or primary collector in order to facilitate
proper intersection design or improvements.
5. Intersection Radii.
a. At intersections, rights-of-way shall be joined by arcs
tangent to the right-of-way lines and having a radius of at
least twenty-five (25) feet.
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4
b. At the end of a cul-de-sac, the right-of-way line on the
outside of the turning circle shall be joined to the
right-of-way line along the street by arcs having a radius
of at least twenty-five (25) feet.
6. Street Side Swales.
All swales in street rights-of-way shall:
a. comply with standard County specifications and have a side
slope no steeper than 3:1;
b. leave at least eight (8) feet of shoulder width on each side
of pavement;
C. be designed to accumulate and carry water pursuant to a
stormwater and flood protection plan in a manner that will
not flood street pavement;
d. be sodded in right-of-way along the full frontage of the
development unless otherwise approved by the Public Works
Director;
e. be bridged with a mini -.j7 fifteen (15") inch diameter
culvert, terminated with a 7itered end section or head wall
as determined by the Public Vorks Director, at all access
points.
7. Street Names and Numbering Syste.-t.
New streets which are extensions of existing streets shall uear
the number of the existing street. All others shall be numbered
with the approval of the Indian, River County Planning and Devel-
opment Division in conformance with County policy, in no case
shall a name for a proposed street duplicate or closely approxi-
mate an existing street name. The Planning and Development
Division shall notify all interested agencies, including the
postal service, the Sheriff's Departs-ent and 911 Emergency
System, of street nar;e changes or near streets . The Planning and
Development Division shall issue all address and numbering
systems in conformance with the County grid system.
8. Traffic Control Devices.
The design of traffic control devices shall be in conformance
with the "Manual of Uniforn Traffic Control Devices" and shall be
provided as required by the Public liorks Division.
9. Sight Distance.
All developments shall comply with the sight -distance specifica-
tions contained in Chapter 131, "Landscaping".
10. Access Control.
a. General Standards for Regulating Driveway Locations.
The following general criteria shall be used in evaluating
the adequacy of proposed driveways for all uses requiring
site plan approval, except single family dwellings.
i. Sites located at intersections shall access onto the
roadway having the lower functional classification.
The applicant may be permitted to access onto the
higher classification roadway if the Public Works
Director determines that such access would result in an
improved traffic circulation pattern.
ii. Drive-in facilities having one window or bay shall have
sufficient on-site storage to accommodate a minimum of
five (5) queued vehicles, or 100 feet. Drive-in
facilities having in excess of one window or bay shall
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a
provide on-site storage in accordance with the follow-
ing standards:
Number of Drive -In Windows
or Bays Queue Distance
2 8 vehicles/160 feet
3 10
vehicles/200
feet
4 13
vehicles/260
feet
5 16
vehicles/320
feet
6 19
vehicles/380
feet
These standards may be reduced by the Planning and
Development Director upon showing of good cause.
iii. Commercial sites having 50,000 square feet of gross
floor area or more shall provide for an exclusive
access drive at the primary entrance of the development
and all points of ingress and egress located on a
collector or arterial roadway, not including service
entrances. Said drive shall be used for providing
access to all parkinc aisles and shall contain no
parking spaces.
iv. Provisions for circulation bet"feet-1 adjacent parcels
should be provided through coordinated or joint parking
systems, or other rethods as approved by the Public
Works Director.
V. Driveway entrances -ust to desigred to accommodate all
vehicle types havinc occasion to enter the site. The
following table presents vehicle types with their
respective minimus insiot and eatside turning radii.
Type
Inside
Outside
Passenger Car, Vd n, Pickup
1.5'
25'
Single Unit Truck
30'
42'
Bus
25'
42'
Tractor -trailer (40')
e0'
40'
7F3�Lor-trai7cr ((50')
zu,
4�'
TT2LIDT=LT3iier f6k{')
2551
45,
Driveway entrances off collector and arterial routes
shall conform with the provisions of Section
23.3(D)(10)(e).
vi. Loading and unloading activities must in no way hinder
vehicles ingress or egress.
vii. All driveways shall maintain adequate sight distances,
as provided in this ordinance.
b. Number and Spacing of Driveways.
In general, the minimum number of driveways necessary to
adequately accommodate access to and from the site will be
permitted. These standards shall not apply to single family
dwellings and duplexes. The approving body may either
increase or reduce the following separation distances based
on an analysis of street frontage, trip generation, or other
factors, as it deems appropriate.
i. Minimum spacing between two way driveways fronting on
the same side of a street should generally conform to
the table below, based on functional classification.
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Distance between driveways shall be measured from
centerline to centerline.
Minimum Driveway Separation (feet
Speed
(mph)
Arterial
Primary
Collector
Secondary
Collector
Local
30
35
125
125
85
70
40
150
185
150
185
100
125
70
70
45
50
230
230
150
70
275
275
185
70
ii. Driveways on opposite sides of any undivided street
classified Collector or Arterial shall either be
aligned on the same centerline or be offset a minimum
of 200 feet reasured from centerline to centerline,
whenever geometrically possible.
iii. For developments that request more than one 2 -way
driveway, based upon parcel size, projected trip
generation of the site, amount of roadway frontage, and
other appropriate design considerations, additional
driveways may be perritted if all other provisions of
the ouidelines are satisfied.
C. Corner Clearance
All proposed develop--ents Mhich are determined to attract
one hundred (1001 or -,ore peak hour turning movements into
the site shall be prohibited from establishing driveways at
locations which are closer to an intersection than the
distances established belch. These dimensions may be
modified by the Public Horks Director• on a case-by-case
basis when warranted by Cilcu,-star.ces unique to the particu-
lar development.
Type Intersection
Arterial/Arterial
Arterial/Collector
Arterial/Local
Collector/Arterial
Collector/Collector
Collector/Local
Local/Arterial
Local/Collector
Local/Local
uFiyew'ay Access Onto
Arterial
Arterial
Arterial
Collector
Collector
Collector -
Local
Local
Local
Distance From
Intersection (Ft.
230
230
230
230
175/115-
175/ 115*
15/115*175/115*
230
175/115*
50
*Corner clearance distance depending on relationship to intersection: Right turn
movement towards intersection, 115 feet; left turn movement 175 feet.
d. Frontage Road Systems and Access Easements.
Developments adjacent to arterials and primary collectors
should utilize frontage roads when easement is available and
existing, in order to minimize the disruption of traffic
along major thoroughfares. The distance between points of
access to frontage roads from major roadways should be
approximately one-quarter mile. Developers must provide
dedicated and recorded access easements, where appropriate,
in order to promote the development of inter -connecting
parking areas.
e. Driveway Width and Radii.
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The following standards shall be utilized for all driveways.
These standards are minimums and are applicable for car and
van traffic only. These standards may be increased in cases
where d significant amount of truck traffic is anticipated
for either the entire site or specific access points. For
driveways through off-street parking areas, minimum widths
shall be consi§tent with standards established by the
Institute of Traffic Engineers (I.T.E.).
DRIVEWAY WIDTH STANDARDS
One -Way Drives
Lanes Width in Ft.
1 16
2 22/25*
Two-lfay Drives
2 22/25*
3 33/36*
4 44/47*
*if non -mountable curb
DRIVEI1nY ".';SII STANDARDS
Roadway Classification Inbound Outbound
Local 25 20/25*
Collector 35 25
Arterial 35 25
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23.3 E. Vehicular and Pedestrian Circulation.
1. Off -Street Parking Areas.
All developments shall comply with the minimum off-street parking
requirements, of this Code, as established in Section 24. Such
parking areas shall be landscaped in compliance with the pro-
visions of this Code. Where the Public Works Director deems
necessary, the applicants shall install at their expense pavement
markings and/or external traffic control signs to ensure the safe
movement of traffic.
L. Off -Street Loading Areas.
All developments requiring off-street loading areas pursuant to
Section 24 of this Code, shall provide such areas in locations
which will not interfere with the safe and convenient movement of
pedestrians and vehicles. Loading areas shall be clearly iden-
tified as such, and shall not include areas designated for
off-street parking. If such loading areas are located adjacent
to residential areas a bufferyard shall be provided as estab-
lished herein.
3. Lighting of Off -Street Parking Loading Areas and Entrances.
If off-street parking, l0adinc areas or entrances are artificial-
ly lighted, they shall be so designed and arranged that no source
of such lighting is visible frc,> any adjoining or nearby property
used or zoned for residential purposes and so designed and
arranged as to shield public rcadaays and all other adjacent
properties from direct glare or hazardous interference.
4. Parking Lot Landscaping.
Off-street parking areas for all uses except single-family
dwellings shall fully co -,ply with Chapter 131, "Landscaping".
5. Pedestrian PSovE;-,ent.
d. Separation of Vehicular- and Pedestrian Traffic.
Parking and loading areas, as rrell as driveways and other
vehicular circulation areas shall be clearly identified and
separated from principal pedestrian routes through the use
of curbs, pavement markings, planting areas, fences or
similar features designed to pro,-ote pedestrian safety.
b. Sidewalk Requirements.
Sidewalks shall be provided, as established in the zoning
district regulations.
6. Bikeway System.
a. Locations.
Bikeways shall be installed on all arterial and primary
collector routes and along all streets designated by the
Planning Department as school access corridors and as
specified in the zoning district regulations applicable to
the parcel. The Indian River County Bikeway Plan, when
prepared and adopted, will design a bikeway system for the
County and specify those roadways along which bikeways must
be constructed. With the approval of the County Commission,
a sufficient amount of money may be escrowed with the County
to complete the required bikeway.
b. Specifications.
Wherever possible, bikeways shall:
-- be eight (8) feet wide (minimum);
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-- meet or exceed the minimum material and construction
specifications of Indian River County standards;
-- be located on one side of the street
-- be separated from the street pavement by a ten (10)
foot wide safety strip (minimum); if protected by curb
and4gutter, they shall be separated by at least six (6)
feet;
-- have a curb cut and ramp at least six (6) feet wide at
all intersections; and
-- be constructed in accordance with the "Bicycle Facil-
ities Planning and Design Manual (current edition)
prepared by the Florida Department of Transportation
Alternative Specifications.
Where any of the above specifications are impractical or
impossible to implement, the applicant, with the concurrence
of the approving body, may substitute suitable alternative
specifications described in the above referenced Design
Manual.
Identification.
Bikeways shall be posted or identified by pavement markings
approved by the Public Mor1.s Director.
23.3 F. Natural Resource Protection
Environmentally Sensitive Areas.
In recognition of the unique natural resources within Indian
River County, and the need to protect the natural ecosystem, the
Comprehensive Plan established land use policies to protect and
preserve environmentally sensitive areas, including: wetlands,
(as defined by the Fish and Hildlife Service, "Classification of
Wetlands and Deepwater Habitats of the U.S.") unique natural
habitats and areas with extensive -angrote growth. ThP Indian
River County Cor+prehensive Plan Land Use Map identifies the
general boundaries of major environ-entally sensitive areas.
Identification of Wetlands.
The Indian River County Co'prehensive Plan, "recognizes that
environmentally sensitive areas exist within the County that
are not shown on the nap, either through oversight or size,
and cannot be graphically displayed on the Land Use Map".
Wetland areas shall be identified by a surrey at the time of
site plan review on a site -by -site basis by utilizing the
following criteria:
Analysis of Vegetation and Wildlife. At least period-
ically, the land supports predominantly hydrophytes
(i.e., vegetation adapted to aquatic conditions) and
wildlife common to wetland areas.
ii. Analysis of Soil Types. The substrate is predominantly
undrained hydric soils, as defined in the Soil Survey
of Indian River County.
iii. Duration of Surface Water and Elevation of Water Table.
The substrate is nonsoil and is saturated with water or
covered by shallow water at some time during the
growing season of each year.
Representatives of the Department of Environmental Regu-
lation, Army Corps of Engineers, St. John's River Water
Management District, Soil Conservation Service, Indian River
County Mosquito Control District, Florida Game and
Freshwater Fish Commission, and other applicable agencies
will be contacted for assistance in identifying environ-
mentally sensitive areas.
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b. Applicant's Opportunity to Contest Designation; Mitigation.
Applicants for site plan review shall have an opportunity to
demonstrate that any areas which are designated as wetlands
within -the confines of their property no longer function as
wetlands. Areas identified as wetlands using the criteria
in "a" above, may receive a waiver from the Board of County
Commissioners regarding designation provided that the
applicant furnishes competent evidence indicating that a
majority of the following factors preclude the area(s) from
functioning as a viable wetland area:
i. inadequate size;
ii. isolation from similar or complementary habitats;
iii. proximity to adjacent urban land uses;
iv. disturbance or invasion of exotic species;
V. lack of species diversity;
vi. reduced frequency and length of inundation; and/or
vii. reduced salinity levels and tidal influence.
Any applicant who receives a waiver by the Board of County
Commissioners allowing the alteration of non-viable wetland
areas shall be required to provide viable wetland areas
through mitigation. Mitication may be accomplished by the
creation of entirely ne,� wetland areas, which should be
designed, constructed and raintained in a manner to mimic
natural areas. Mitigation u,ay also be accomplished through
the restoration of areas that were historically wetlands or
through the enhance -Fent of the functioning of existing areas
which may have been previously disturbed or which may have
the ability to provide additional or improved functions.
Density Limitations for Enyirorrentally Sensitive Land.
As established in the iridian River County Comprehensive
Plan, environmentally sensitive lands shall be limited to
the following maxir.,un gross density levels.
i. Environ-,entally Sensitive Lands East of i-95. Those
land areas deter -Fined to be environmentally sensitive
based on the criteria contained herein, which are
located east of I-95 shall be limited to a maximum
density of one (1) duelling unit per gross acre.
ii. Environmentally Sensitive Lands Test of I-95. -hose
land uses determined to be environmentally sensitive
based on the criteria contained herein, which are
located ;vest of I-95 shall be limited to a maximum
density of 0.20 duelling units per gross acre.
Density Transfers: Planned Residential Developments Only.
Section 25.4, "Planned Residential Development (PRD):
Special Exception Standards and Procedures", of the Zoning
Ordinance establishes a mechanism for transferring density
from environmentally sensitive lands to approved upland
areas. Density transfers shall be specifically limited to
projects receiving PRD special exception approval.
e. Additional Restrictions on Development Within Environmental-
ly Sensitive Areas.
In addition to the density limitations for environmentally
sensitive lands established in the Indian River County
Comprehensive Plan, as provided in paragraph "c" herein, all
environmentally sensitive lands shall be subject to the
following development restrictions:
i. Development shall be limited to upland areas;
ii. Where no upland area exists or where the upland is of
inadequate size to allow reasonable use of the land,
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limited development may be allowed. In such cases, all
environmental agencies having jurisdiction shall
approve the development plan and shall certify in
writing that the plan is the least damaging alternative
arrd, further, that the applicant has submitted a
mitigation plan which will minimize damage to the
extent technically feasible.
iii. Applicants may be granted variances to the setback
requirements of the zoning ordinance in order to
protect environmentally sensitive areas.
2. Storm and Floodwater System Management.
All proposed developments shall be reviewed to assure adequate
drainage, flood prevention, and protection of water quality. A
stormwater management system shall be constructed in accordance
with the requirements of the Indian River County Stormwater
Management and Floodwater Protection Ordinance.
3. Beach and Dune Protection.
All developments shall demonstrate cei-pliance with the Coastal
Construction Control Line as established in Chapter 161, rlorida
Statutes, and as specified in this zoning ordinance. In addi-
tion, the standards for protecting dure vegetation, as estab-
lished in the Indian kiver County -ree Protection Ordinance,
shall be satisfied.
23.3 G. General Appearance and Relationship to Adjacent Properties.
1. Site Location and Character of Use.
The Indian River County Co-.prehensive Plan together with the
Zoning Code shall be used to deter?-ine the suitability of specif-
ic sites and the appropriateness of the land use, whether it be a
permitted use, use requiring adninistrati•ee permit, or special
exception use.
2. Building Location and Height.
Where a proposed site is adjacent to a r.ore restrictive zoning
district, the Director of Planning and Development may require
the minimum building setbacks and maxir.u, height limitations to
be more restrictive than those required by the applicable zoning
district in order to ensure compatibility of the proposed site
with surrounding land uses, but in no case shall the additional
requirements be more restrictive than those of the abutting
zoning district.
3. Landscaped Areas.
Landscaped areas shall be provided in order to create attractive
transition areas between properties; to minimize the impact of
air, water and noise pollution; to minimize the visual impact of
solid waste receptacles and other on site storage areas; to
direct pedestrian and vehicular movement; and, to maintain and
enhance the natural features of the site. Landscape elements may
include all forms of natural vegetation and plantings, ground
forms, water patterns, rock groupings and all other open space
areas.
Landscape designs shall demonstrate a concern for water conserva-
tion. Landscaped areas shall be graded properly to allow effi-
cient irrigation. Native drought -tolerant plant materials are
also encouraged as a means of conserving water resources. In
addition, appropriate erosion control facilities and techniques
shall be utilized where necessary. All applicable standards of
Chapter 131, "Landscaping" shall also be satisfied.
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4. Location and Shielding of Mechanical Equipment, Unenclosed
Storage Areas and Refuse Collection Areas.
Mechanical equipment other than utility hardware, excluding
antennas and -stacks on roofs, shall be located and/or shielded so
as not to be visible from any public ways within the impacted
area, except within Industrial District(s). Refuse and waste
storage areas shall be shielded or screened from adjacent prop-
erties and public ways by appropriate fences, walls or hedges.
In cases where dumpsters must be located in areas highly visible
from any public right-of-way, the Planning and Zoning Commission
shall be authorized to require appropriate vegetative or struc-
tural screening, as provided in para. 7, herein.
5. Exterior Lighting; Protection of Sea Turtles.
Exterior lighting shall be arranged and designed in a manner
which shields or reflects lighting from adjacent properties and
roadways, while maintaining adequate light for security purp.ises.
In order to protect sea turtles, coastal developments will also
be subject to the following:
a. Parking Lots.
Low profile and low intensity lighting shall be utilized for
parking areas and such lighting shall be positioned so that
the source of light is not visible frcr the beach.
b. Balconies.
Lighting on balconies shall be shielded from the beach.
C. Floodlights.
buildings or structures which utilize floodlights shall
position such lighting so that the source of light is not
risible from the beach, or if required for public safety,
positioned in a .manner which cinirozes the potential impact
on sea turtles.
d. Dune Walkovers.
Where lights are necessary for dune walkovers, shielded low
profile and low intensity shall be utilized.
6. Screening and Buffer -yard ReQuirements.
a. Purpose and Intent.
This subsection is established to provide visual screening
and buffering between potentially incompatible uses and to
reduce the effects of glare, noise, and noncompatible
activities. It is the intent of this provision to establish
effective screening requirements in order to ensure that:
i. Neighboring properties are shielded from any adverse
external effects of that development; and
ii. The development is shielded from the negative impacts
.of adjacent uses such as street or railroads.
b. Applicability.
In addition to the requirements for screening specifically
cited in Section 25.1, "Regulations for Specific Land Uses",
screening and buffer areas may be required by the Planning
and Zoning Commission on the recommendation of the Technical
Review Committee, as necessary, for the purpose of minimiz-
ing the impact of potentially objectionable areas such as:
parking lots; major thoroughfares; unsightly rear entrances;
utility or maintenance structures; solid waste disposal
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facilities; loading facilities and swimming pools and
recreational areas. Screening may also lir, required where
different zoning districts abut.
Description of Screening Types.
Three (3) basic types of screening are hereby established:
Type "A", Opaque Screen; Type "B", Semi -Opaque Screen; and
Type "C", Intermittent Screen.
i• le "A", Opaque Screen. This screening class shall
normally be used to screen very intensive uses, such as
extraction, transportation, utilities, industrial,
heavy commercial, service stations, and high intensity
recreation uses. An opaque screen is intended to
completely exclude all visual contact between uses.
The Type "A" Screen shall be completely opaque from the
ground up to a height of at least six (6) feet, with
large trees utilized as intermittent visual ob-
structions from the opaque portion to a mature height
of at least twenty (20) feet. The opaque screen may be
composed of a wall, fence, landscaped earth berm,
planted vegetation, or existing vegetation, or any
combination thereof wfhich M=aintains a completely opaque
screen of at least six (6) feet in height. Compliance
of planted vegetative screens or natural vegetation
will be judged on the basis of the average height and
density of foliage of the subject species at the time
of planting, or field observation of existing vege-
tation. The six (6) foot opaque portion of the screen
must be opaque in all seasons of the year.
>>• TypeSe i -Opaque Screen. This screening class
shall nor as y be used to screen moderate intensity
uses, such as non -heavy coTFercial uses, medium inten-
sity recreation uses, and CO-nunity service areas. The
semi-opaque screen is intendea to partially block
visual contact between uses. The Type "B" screen shall
be completely opaque fro,.-: the ground up to a height of
at least three (3) feet, raith large trees utilized as
intermittent visual obstructions from the opaque
portion to a mature height of at least twenty (20)
feet. The semi-opaque screen may be composed of a
wall, fence, landscaped earth berm,., planted vegetation,
existing vegetation or any cer,bination thereof which
maintains a completely opaque screen of at least three
(3) feet. Compliance of planted vegetative screens or
natural vegetation will be judged on the basis of the
average mature height and density of foliage of the
subject species, or field observation of existing
vegetation.
Type "C", Intermittent Screen. This screening class
shall norma y e used to screen low intensity uses
such as low intensity recreation uses, institutional
uses, and multi -family uses. The intermittent screen
is intended to create the impression of a separation of
spaces without necessarily eliminating visual contact
between the spaces. The Type "C" screen shall utilize
large trees as intermittent visual obstructions from
the ground up to a mature height of at least twenty
(20) feet. The intermittent screen may be composed of
fences, berms, and either existing or planted vege-
tation. Compliance of planted vegetative screens or
natural vegetation will be judged on the basis of the
average mature height and density of foliage of the
subject species, or field observation of existing vege-
tation.
d. General Standards for Screening and Bufferyards.
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Where the provisions of this ordinance require screening or
buffering, the following standards shall apply unless such
provisions specifically provide otherwise.
i. Landscaped Buffer StripRequired. A landscaped buffer
strip not less than ten 10 feet in width shall be
provided in conjunction with all screening required
herein. The buffer strip may be contained within
required setbacks, as provided in this ordinance. Each
buffer strip shall be landscaped with grass, ground
cover or other landscape material, excluding paving, in
addition to the required screening materials and trees.
ii. Tree Plantings Required As Intermittent Obstructions.
N11 screen types A', 'B", or 'C" shall include one
(1) tree for each forty (40) lineal feet or fraction
thereof of screen length. Such trees shall satisfy the
requirements for intermittent visual obstructions for
all types of screens.
Notwithstanding, palms shall not be used for the
purposes of screening but may be retained and utilized
in the calculation of other landscape requirements.
Tree species shall be a J nic.;::a of eight (L) feet
overall height at time cf pianticg and shall grew to a
mature height of at least tr-enty (20) feet, as required
for all types of screening.
iii. Grading of Berms. Wherever ber;s are utilized, they
shall be constructed with a grade not to exceed one (I)
foot vertical to three (,;) feet horizontal (1:3 slope).
The Director of Plannicg ar,d Ceveloprent may approve
steeper slopes when conditions warrant.
iv. Quality of Planting Materials. Ecce^t as specifically
provided othenEise, ail plant -aterials utilized to
fulfill the requirements of this section mus' satisfy
the plant traterial require -lents established in Chapter
131, "Landscaping`. Synthetic or artificial material
in the forrr of trees, shrubs, vines, ground cover or
artificial tur: shall not to used it lieu of plant
requirements in this section.
v. Credit Towards Other Required Landscaping. Slhere the
landscaping provided under this section meets the
requirements of other provisions of this ordinance,
such landscaping may be credited tovfard fulfiiling
those requirements, with the exception of any required
recreational open space.
vi. Front Yards, Visibility Triangles, Streetiines. The
above standards notwithstanding, no screening shall be
required which conflicts with front yard fence or viail
height limitations or required visibility triangles, or
which extends beyond any streeti mes.
vii. Maintenance. The owners or their agents shall be
response e for providing, protecting and maintair!ing
all landscaping in a healthy and growing condition, as
stipulated in Chapter 131, "Landscaping".
23.3 H. Open Space Areas.
Required Open Space.
All developments shall satisfy the minimum open space standards
for the applicable zoning district, as established in this Zoning
Ordinance. Open Space shall be designated as such on the site
plan and shall specify the manner in which the open space will be
maintained. Open space areas may include, but are not limited
to, the following:
1P411a
a. Natural areas, including environmentally sensitive areas;
b. Agricultural areas;
C. Greenways linking major activity centers or open spaces;
d. Lawns, landscaped areas and recreational areas; and
e. Natural and manmade water bodies, provided such water bodies
comprise no more than thirty (30%) percent of the required
open space for the project.
2. Maintenance of Open Space Areas.
All open space areas shall be maintained in an appropriate manner
so that the use and enjoyment of the areas is in no way dimin-
ished or destroyed.
3. Use of Open Space.
Open space and spaces between buildings required by this ordi-
nance shall be located and improved so as to serve the purposes
for which the requirements are intended. These purposes include
provisions of adequate light and air, appropriate separation
between buildings and uses, enhance.-ent of privacy, sufficient
area for recreation and leisure pursuits (in residential areas)
and to facilitate surface water drainaee.
4. Preserve Natural Landscape.
The natural landscape of the site shall be preserved as much as
possible for purposes of enhancing the General appearance of the
site as well as to prevent excessive stor7 nater run-off, ero-
sion, siltation and dust.
23.3 I. Public Access to Waterbodies.
1. Provision of Required Access Points.
All multi -family developments which front upon the Atlantic
Ocean, the intracoastal water)fay, the Indian River or other-
natural
thernatural water body or course for a distance of six hundred ("600)
lineal feet shall dedicate to the public forever a minimum of one
fifteen (15) foot access easement for each one-quarter (1/4) mile
or portion thereof to the water for use by the general public.
In lieu of requiring dedication of the ease,,ent, the County may
require the dedication of the fair market value of such easement
for capital improvements to the County park, system.
2. Combination of Required Access Points.
The developer may elect, with the approval of the Community
Development Director, or the Planning and Zoning Commission may
require that all or part of the required access points be
combined into one or more beachfront/waterfront access points or
parks of a design approved by the Planning and Zoning Commission.
3. Paving Requirements.
All access points shall include a walkway extending from the
nearest public right-of-way to the water. Such walkways shall be
paved and landscaped with adequate irrigation.
4. Dune Crossovers.
All beach access points and beachfront parks will be provided
with dune crossover walks approved by the Public Works Division.
5. Fee Credits.
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The developer shall receive a credit against any park and recre-
ation fee imposed by the County against the project for the
provision of these access points.
23.3 J. Adequacy of Public Facilities and Services.
Adequacy of Potable Water Service.
A detailed description of the method of providing potable water
service must be presented. Potable water service includes
publicly and privately owned water treatment facilities and wells
on individual parcels which will provide for the needs of the
proposed development. The proposed development shall be designed
to provide adequate areas and easements which may be necessary
for the installation and maintenance of a potable water dis-
tribution system which will meet all performance standards of the
State Department of Environmental Regulation and all other appli-
cable building, public health, and environmental regulations.
Where a central potable crater distribution system is
proposed, the system shall conform to sound standards and
principles of good engineering, and all applicable County
regulations.
Where a central potable water distribution system is not
provided, a cc-:plete individual potable water supply system
will be installed which conforms to all applicable standards
of the St. John's Vater ManagEr:ent District, the State
Department of Enr•irorr-ental Regulation, and all applicable
County reoulations.
Adequacy of Wastewater Treatment and Disposal Services.
Wastewater treatment and disposal services must be available
prior to occupancy in order to provide for the needs of the
proposed development. The proposed development shall be designed
to provide adequate areas and Easeg-ents which may be necessary
for the installation and maintenance of a wastewater disposal
system which will r.,eet all applicable public health and environ-
mental regulations.
a. Where a central wastexater collection system is proposed,
the system shall conform to sound standards and principles
of sanitary engineering and shall be designed to be coor-
dinated with the County program for sewer facility service.
Where a central wastewater collection system is not required
for development approval, individual wastewater disposal
treatment and discharge systems will be provided. All
individual wastewater service systems shall be designed to
effectively connect to a central wastewater system, when
made available. No development which includes an individual
wastewater system shall be approved unless it can be demon-
strated that the soil conditions are appropriate and that
the system design satisfies all applicable County, State and
regional regulations.
Adequacy of Solid Waste Disposal or Facilities.
Solid waste collection service will be available prior to occu-
pancy to provide for the needs of the proposed development.
Solid waste disposal facilities shall be available prior to
occupancy to provide for the needs of the proposed development.
All dumpsters shall be located on concrete pads, meeting County
specifications. Such solid waste disposal facilities,
containerized or garbage cans, shall be located in a readily
accessible location which complements the internal circulation
system of the project.
of Fire Protection Service.
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Fire protection service will be adequate to protect people and
property in the proposed development. N finding that adequate
fire protection service is available shall be based upon a
determination that all proposed development meets the following
requirement -t:
Water Supply
Existing and proposed water supply facilities and/or alter-
native sources, i.e., lakes and retention areas, shall be
capable of providing fire flow capacity to meet the fire
protection needs of the proposed development.
Fire Hydrants.
Fire hydrants, if required, shall be installed according to
County standards.
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SECTION
INCORPORATION IN CODE
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, reserved or relet-
tered to accomplish such intentions.
SECTION 3
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 hold-
ings shall not affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without such unconstitu-
tional, invalid or inoperative part.
SECTION 4
EFFECTIVE DATE
The provisions of this ordinance shall becc-e effective upon receipt from the
Florida Secretary of State of Official d.ckncdledgerent that this ordinance has
been filed with the Department of State.
Approved and adopted by the Board of County Comissioners of Indian River
County, Florida, on this 22nd day of lC" 1985.
EOARD OF COUNTY COMMISSIONERS
X14DIIA�(COUNTY
L sun • Commissioners
Acknowledgment by the Department of State of the State
of Florida this 10th day of ,lune , 1985.
Effective Date: Acknowledgment from the Department of
State received on this 14th day of June
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.
APPROVED AS TO RM AND
LEGAL SUFFICIEjf Y.
i
By
yr denburg
COUNT TTORNEY
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