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HomeMy WebLinkAbout1985-17ORDINANCE NO. 85- 17 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING TH STORMWATER MANAGEMENT AND FLOOD PROTECTION ORDINANCE, CREATING SECTION 21 1/2 - 7(a)(18)(b); ESTABLISHING ADDITIONAL CRITERIA FOR STORMWATER MANAGEMENT SYSTEMS WHICH DISCHARGE INTO OUTSTANDING FLORIDA WATERS; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS: CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 Section 21 1/2 - 7(a)(18) of the Code of Laws and Ordinances of Indian River County, Florida, being a part of the County's Stormwater Mangagement and Flood Protection Ordinance, is hereby amended to read as follows: (18)(a) The stormwater management system shall handle all stormwater that flows into, through, and from the project without creating adverse impacts on other lands served by the Stormwater Management system or by the receiving waters relative to flooding, erosion hazards, or water quality and quantity. (b) No permit required by this Ordinance shall be issued for anv development Droiect which is designed to discharge directly into, or through an outfall discharging into, Outstanding Florida Waters designated by state law, unless the system is designed in accordance with the following criteria, in addition to all those otherwise stated by this section: 1. Runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed to grass swales prior to entering a detention system. 2. Control structures shall filter overflow or discharge through a granular sand or other filter media approved by the Public Works Director prior to discharge from the system. An applicant may be relieved of either or both of the foregoing two additional criteria if it can affirmatively -1- Note: Additions to existing law are underlined; deletions are in strxek-bhresgk-bppe. demonstrate that the system is designed in a manner complying with the requirements of Florida Administrative Code 17-4.242, as amended from time to time, other than by showing an exemption thereto, and provide DER documentation and proof of such compliance. SECTION 2 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 CODIFICATION The provisions of this ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such purpose. SECTION 4 SEVERABILITY If any section, subsection, sentence, part thereof, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 5 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Depart- -2 - Note: Additions to existing law are underlined; deletions are in struek-hhreagh-hppe. f r ment of State, and shall be applicable to all Stormwater Management permit applications received by the County after such effective date. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 20th day of February , 1985. BOARD OF NTY COMMISSIONERS OF IN RIVER COUNTY, FLORIDA PATRICK ONS, Chairman Acknowledgment by the Department of State of the State of Florida this 25th day of February , 1985. Regarding Effective Date: Acknowledgment from the Department of State received on this 1st day of March , 1985, at --ID_A.M./P.M. and filed in the Office of the Clerk of the Board of Coun—f-y-Tommissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: A4;COUN ATTORNEY -3- CJP Note: Additions to existing law are underlined; deletions are in streek-through-type.