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HomeMy WebLinkAbout1982-28- v. INDIAN RIVER COUNTY ORDINANCE NO. 82- 28 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO BE KNOWN AS THE INDIAN RIVER COUNTY STORMWATER MANAGEMENT AND FLOOD PROTECTION ORDINANCE, PROVIDING FOR SHORT TITLE, PURPOSE; RULES OF CONSTRUCTION; DEFINITIONS; PROHIBITED ACTIVITY; EXEMPTIONS; REVIEW CRITERIA FOR ALL DEVELOPMENT PROJECTS; REQUIRED INFORMATION FOR PERMIT APPLICATIONS; REQUIRED INFORMATION TO BE SUBMITTED BY TYPE B PERMIT APPLICANTS AFTER ISSUANCE OF PERMIT; PERMIT APPLICATION AND REVIEW PROCEDURES; ADMINISTRATIVE DUTIES; APPEAL PROCEDURE; NOTICE; ENFORCEMENT; VESTED RIGHTS; CONFLICT WITH OTHER ORDINANCES; SEVERABILITY; EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. SHORT TITLE This ordinance shall be known as the Indian River County Stormwater Management and Flood Protection Ordinance. SECTION 2. PURPOSE The purpose of this ordinance is to protect the health, safety, and welfare of the citizens of Indian River County; to implement those policies and objectives found in the drainage element of the County's Comprehensive Plan; to ensure protection of land and improvements together with natural resources through the use of responsible stormwater management and flood protection practices; and to ensure replenishment of the County's aquifer systems to provide a continuing usable water supply. SECTION 3. RULES OF CONSTRUCTION The requirements of this ordinance are intended to complement regulations of the Florida Department of Environmental Regulation including but not limited to those found in Fla. Admin. Code, Chapter 17-25, Regulation of Stormwater Discharge, and the Stormwater Rules of the St. Johns River Water Management District, all as adopted or as may be amended fFom time to time. Approval of a sttnrmt•+a cr '•'- ^a7-..--ent-y j' ' w --der th.l. v - ildllCe snall not relieve any applicant of the necessity to obtain required permits or approvals from other state, regional, or local agencies, including specifically, but not limited to, observance of DER permitting requirements for use of the "landward extent of waters of the state," as that term is defined by Fla. Admin. Code, Section 17-4.02 (17). In the event of a conflict between this ordinance and any other law or regulation, this ordinance shall be interpreted to avoid the conflict when possible. If there is an irreconcilable conflict, the agency rule shall prevail. If this ordinance is more restrictive, the provisions hereunder shall prevail and no conflict will be considered to exist. SECTION 4. DEFINITIONS Abutting Property - Property that is immediately adjacent or contiguous to property that is subject to review under this ordinance or property that is located immediately across any road or public right-of-way from the property subject to review under this ordinance. Accessory Structure - A structure of a nature customarily subordinate or incidental in size and use to the principal structure and located on the same site. Examples are tool sheds, garages, and greenhouses. Adverse Impacts - Any modifications, alterations or effects upon a feature or characteristic of water or floodprone lands, including but not limited to the quality, quantity, hydrodynamics, surface area, living resources, aesthetics or usefulness for human or natural uses of said water or floodprone land, which are, or potentially may be, harmful or injurious to human health, welfare, safety or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts. Agricultural Lands - Those lands in any bona fide agricultural use. Alter or Alteration - Any work beyond maintenance of the original condition including additions to an existing system, of -any par— or anc2a-es existing system to capacities or locations different from those originally constructed, and changes in the rate, volume, or timing of discharges. As -Built Plans - Amended construction drawings specifying the actual locations, dimensions, elevations, capacities, and capabilities of structures and facilities as they have been constructed on or under the site. Building - An enclosed structure that is principally above ground. The term includes moBile homes and gas or liquid storage tanks. Coastal High Hazard Area - Means the area subject to high velocity waters caused by, but not limited to, hurricane wave wash or tsunamis. The area is designated on a FIRM as zones V1 through V30. Construct or Construction - Any on-site activity including land clearing, earth moving, or the erection of structures. Construction Plans or Drawings - The Engineering drawings, specifications, tests, and data necessary to show construction of the improvements. Detention (or to detain) - The collection and temporary storage of stormwater in such a manner as to provide for treatment through physical, chemical, or biological processes with subsequent gradual release of the stormwater to the receiving waters, in which the capacity for the specified treatment volume of stormwater is again provided within 96 hours following a storm event. On-line detention is temporary storage along the axis of the drainage system, whereas "off-line" detention is temporary storage at a location away from the system's direct path. Development Project - Any intentional man -caused change or improvement to land which increases the amount of impervious cover or results in the change in elevation of any portion of the land or changes the existing stormwater system and flood management system. A development project shall include but shall not be limited to all projects which require site plan or subdivision approval under the County Code. Discharge - The outflow of water from a project site, drainage basin or other facility. Drainage System (Artificial) - Any canal, ditch, culvert, dike, storm sewer or other man-made facility which tends to control the surface flow of water. Drainage System (Natural) - Surface streams or marshes -3- which convey water to natural points of drainage. Elevation - Height in feet expressed in relation to mean sea level and referenced to the National Geodetic Vertical Datum (NGVD). Filtration or to Filter - The selective removal of suspended matter from stormwater by passing the water through suitable fine textured granular media such as porous soil, sand and gravel or other natural or artificial aggregate, which may be used in conjunction with filter fabric or underdrain pipe or both. Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation of runoff of surface waters from any source. Flood Insurance Rate Map (FIRM) - An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study - The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the base flood. Floodway - The normal channel of a watercourse and the adjacent land areas that must remain unobstructed to convey the regulatory flood discharge without raising flood elevations above specified levels as determined in Section 7 A (20) (d). Floor - Any floor (including basement) usable for living purposes which include working, sleeping, eating, cooking, or recreation, or a combination thereof. Hydrograph - A graph of discharge, or, for the purposes of this ordinance, volume of stormwater, verses time for a selected outfall point. Impervious Surface - A surface which is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced -4- y: Vis. streets, roofs, sidewalks, parking lots and other similar structures. Legal Positive Outfall - Is the availability of a permanent and legally established water course or similar facility or means which has the hydraulic capability of conveying the stormwater discharge from a development project to receiving waters downstream. "Legally established water course" refers to a water course which is established by either an express easement, plat dedication, or other documentation, or implied easement or servitude as may be demonstrated to exist in accordance with Florida Law. Lot - A lawful building site. Such building site may consist of all, portions or combinations of land parcels described by metes and bounds, quarter section descriptions, lots shown on a subdivision plat, or any other legally described building site, Lowest Floor - The top surface of the lowest area within the inside perimeter of the exterior walls of a building. For slab -on -grade type buildings or buildings with basements the top surface of the slab or basement floor would constitute the lowest floor. For footing, foundation walls, or pile type buildings with crawl spaces under the building without basements, the top surface of the finished flooring above the horizontal joist, beam or other supporting member would constitute the lowest floor. Maintain or Maintenance - To keep in an acceptable state of performance and repair and, when referring to the height of grasses in a stormwater management tract or facility, means to keep at a height of twelve (12") inches or less above the ground. Mangrove Stand - An assemblage of one or more of the following species: Black Mangrove (Avicennia nitida); Red Mangrove (Rhi?ephora mangle); (shite Mangrove (L•anguncularia racemose); and Buttonwood (Conocarpus erecta). Master Stormwater Management Plan or Master Plan - An engineering plan, written report, or engineering drawing outlining the primary and secondary drainage and stormwater treatment facilities needed for the proper development of a specific increment of the unincorporated area of Indian River County. -5 Mobile Home - A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. National Geodetic Vertical Datum (NGVD) - As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. Person - Any individual, corporation, partnership, limited partnership, trust, or other organization or business entity. Regulatory Flood - The one hundred year flood, i.e., the flood that has a one percent probability of being equalled or exceeded in any given year, as indicated on the official County flood hazard map. Retention or To Retain - The prevention of, or to prevent the discharge of a given volume of stormwater runoff into surface waters of the state by complete on-site storage where the capacity to store the given volume of stormwater is again provided within 96 hours following the storm event. The required storage volume must be provided by a decrease of stored water caused by percolation through soil, evaporation, evapotranspiration, or spray irrigation. Retention shall be "off line" (i.e. outside of the primary drainage path), unless it is demonstrated by the applicant that water quality in the receiving waters will not be adversely impacted by "on line" retention. Wet retention refers to an area the lowest elevation of which penetrates the dry season groundwater table. Dry retention refers to an area the lowest elevation of which lies at least two ,(2') feet above the wet season groundwater table. Sediment - Fine particulate material which is capable of gravity settlement, whether mineral or organic, and which is in suspension or has settled in a waterbody. Site - Any tract, lot or parcel of land or combination thereof where development is to be performed as part of a unit, subdivision, or project. Stormwater and Flood Management System - A system of natural or artificial waterbodies or watercourses which stores or conveys water. Structure - That which is built. Subdivision - A subdivision as defined by the County's subdivision and platting regulation ordinance. System - A dam, impoundment, reservoir, appurtenant work or works, or a combination thereof, that is intended to provide drainage, water storage conveyance, prevent or impair inundation, or other water management capabilities in and for a discrete area or a work that traverses waters in the County. A system may be designed and constructed in phases. Thoroughfare Plan - The official map of present and future streets adopted by the Board of County Commissioners. Water All water on or beneath the surface of the ground including natural or artificial water courses, lakes, ponds, or diffused surface water and water standing, percolating or flowing beneath the surface of the ground, as well as all coastal waters within Indian River County. Waterbody - Any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline. Watercourse - Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks or other discernible boundary. Watershed - A drainage area or drainage basin contributing to the flow of water into a receiving body of water. Wetland - That portion of the following categories of waters in Indian River County where one or a combination of the vegetative species listed in Section 17-4.02 (17), F.A.C. are dominant plant species: (a) Rivers and natural tributaries thereto; (b) Streams and natural tributaries thereto; (c) Bays, bayous, sounds, estuaries and natural• -- tributaries thereto; (d) Lakes, impoundments, and ponds, except those owned entirely by one person; (e) Atlantic Ocean. SECTION 5. PROHIBITED ACTIVITY A. It shall be illegal and subject to the penalties provided herein for any person to construct, or arrange for, authorize, or participate in the construction of a development project within the unincorporated area of Indian River County without first obtaining a valid permit to construct either a stormwater management system (hereinafter referred to as a Type A Permit) or a flood protection-stormwater management system, when applicable, (hereinafter referred to as a Type B Permit) pursuant to this ordinance. B. It shall be illegal and subject to the penalties provided herein for any person to construct any structure in such a manner as to impede the functioning of a drainage system that is: 1. publicly maintained or 2. located on private property and is a part of a drainage system serving more than one owner when such system is located in an easement which exists for the benefit of other land owners. A structure which meets the requirements of the Indian River County Standard Specifications for the construction of public facilities and physical improvements shall be presumed not to impede the functioning of the drainage system. SECTION 6. EXEMPTIONS A. The following activities shall be exempt from the permitting requirements of this ordinance: (1) The construction of an individual detached single family residence or duplex residence together with accessory structures, provided that said residences and accessory structures are not located in Flood Hazard Zones as determined in Section 7 A (20) (a -f). When located in a Flood Hazard Zone, the applicant shall be required to obtain a Flood Management Permit (Type C) which shall issue upon the applicant demonstrating compliance with Section 7 B (1-14). (2) Bona fide agricultural uses except when an artificial drainage system will be used to increase the flow of surface water from the applicant's land to a County maintained drainage system, or when the particular agricultural use requires site plan approval. (3) Maintenance work performed on existing mosquito control canals or impoundment areas. (4) Any maintenance, alteration, renewal, repair, use or improvement of an existing structure which does not change or affect rate or volume of stormwater runoff or the construction of any structure or addition thereto which does not create an impervious surface exceeding ten (108) percent of the site or 5,000 square feet, whichever is less. (5) Change of any part of an existing drainage system without changing the flow characteristics of the artificial water course. (6) All activities by a water management district, drainage district, or water control district established under the laws of the State of Florida and all activities undertaken by the State of Florida, Indian River County, or any incorporated municipality within Indian River County, within their respective easements and rights-of-way. (7) Any activity or development project which is demonstrated by the applicant in accordance with Section 15 hereof to have vested rights. B. Emergency Exemption. (1) This ordinance shall not be construed to prevent the doing of any act otherwise lawful and necessary to prevent material harm to or destruction of real or personal property as a result of a present emergency, including but not limited to fire, infestation by pests, or hazards resulting from violent storms or hurricanes or when the property is in eminent peril and the necessity of obtaining a permit is impractical and would cause undue hardship in the protection of the property. (2) A report of any such emergency action shall be made to the Division of Public Works by the owner or person in control -9- of the property upon which emergency action was taken as soon as practicable, but not more than ten (10) days following such action. Remedial action may be required by the Director of the Division of Public Works subject to appeal to the County Commission in the event of dispute. SECTION 7. REVIEW CRITERIA FOR ALL DEVELOPMENT PROJECTS A. Stormwater Management Permit (Type A). All development projects are required to obtain a Type A Permit. No Type A Permit to construct a development project shall be issued unless the following criteria are met: (1) The design of the on-site stormwater management system shall be based at a minimum on a 10 -year frequency 24-hour duration storm event; however, the applicant shall also provide data indicating the effects of a 25 -year frequency 24-hour duration storm event on the development project as proposed. The design of any off-site stormwater management system improvements shall be based upon a 25 -year frequency 24-hour duration storm event. (2) The hydrologic computations for the stormwater management system shall be based on full hydrograph generation for the development project and contributory area utilizing such methods as published by the Soil Conservation Service (USDA, SCS, "Natural Engineering Handbook", Section 4, Hydrology: 1972 and "Urban Hydrology for Small Watersheds", Technical Release No. 55: 1975). For projects of less than 12.00 acres, the rational method of runoff computation is satisfactory. The rainfall intensity -duration curves provided in Appendix A, attached hereto, are hereby incorporated as a part of this ordinance and shall be used in making all required hydrologic computations. (3) Retention or detention with filtration of the first 1" of rainfall shall be provided on site. Detention or retention shall be provided on site for additional stormwater runoff generated by the development project over and above that generated by the site prior to the proposed development unless there is a legal positive outfall available which has sufficient capacity to -10- accept the additional runoff. (4) Retention or detention facilities shall be constructed in such a manner as to maximize utilization of available percolation capabilities on the site for recharge enhancement and to minimize mosquito breeding by being shallow, shall be easy to maintain. (5) Discharges from the development project shall be handled to a point of legal positive outfall. Tailwater stages of the receiving waters, as reported in the Master Plan or as generated from data in the Master Plan, must be taken into account in design. Enlargement of existing downstream facilities may be required. (6) The bottom of dry retention areas shall be sloped to a permeable drain. A detention area shall have an outlet device, and shall not be lower than the elevation of the off-site receiving channel or water body. (7) Where permitted, open drainage ways shall retain natural design characteristics and be so designed and protected that they do not present a hazard to life or property. The design shall include measures to protect against scour and erosion. Whenever possible, such waterways shall provide for adequate flushing action by prevailing winds and currents to assure the prevention of stagnant water and debris accumulation. (8) Disposition of Stormwater Runoff - The stormwater management system for developments located predominantly on excessively drained soils should maximize stormwater infiltration. This shall be accomplished through the use of bottomless inlets, perforated pipe, grading to retard runoff, natural or artificial retention or detention basins, or other methods, depending on the characteristics of the land area: Specific guidelines are as follows: (a) Areas and lots shall be developed to maximize the amount of natural rainfall which is percolated into the soil and to minimize direct overland runoff into adjoining streets and water courses. Stormwater runoff from roofs and other impervious surfaces should be diverted into swales, or terraces on the lot. -11- (b) Street drainage shall be by grassed swales or curb and gutter in accordance with County specifications, provided all curb and gutter systems shall discharge or direct water into or across a grassed swale area or other filtering medium. Whenever practical, as indicated by soil characteristics, water table elevation, and topography, the overflow from any swale used shall be diverted to percolation areas, ponding areas or natural or artificial seepage basins of sufficient capacity to retain and provide for the maximum infiltration of stormwater runoff from each drainage area for the design storm. Each percolation or retention area shall include positive drainage facilities which provide for drainage to public outfalls or a lake, or water course, to handle the runoff from storms of longer duration and severity. Except in those development projects where temporary ponding is allowable pursuant to Section 7 (A) (13) each percolation or retention area shall include positive drainage facilities which provide for drainage to public outfalls or a lake, or water course, to handle the runoff from storms of longer .-duration and severity. The area surrounding these retention or detention basins is recommended to be used as public or private open space and shall be grassed. (c) The Soil Survey of Indian River County, Florida, published by the U. S. Department of Agriculture, as made available, shall be the document to determine soil classification in this ordinance. (9) Material Specifications for Culverts and Storm Sewers. The following pipe materials are acceptable: (a) Reinforced concrete pipe; bituminous coated, corrugated steel pipe; aluminum pipe;,and aluminum pipe arch; and bituminous coated structural plate steel pipe; and bituminous coated steel pipe arch. PVC pipe shall be acceptable only for installations in a privately maintained system and only if of appropriate wall thickness for the intended use. (b) Workmanship and pipe materials shall conform to DOT Standard Specifications, latest edition. (c) only concrete and aluminum pipes shall be used -12- under County right-of-way pavement and into salt water outfalls. Concrete for reinforced concrete box culverts shall conform to DOT's Standard Specifications, latest edition. (10) Inlets - Design and spacing of inlets shall be in accordance with Florida DOT's Standard Specifications or Indian River Count Standard Specifications. (11) Drainage Structures - All cross drains and storm sewers shall have headwalls, flared -end sections, or terminating structures in accordance with County Standard Specifications or Florida DOT's Specifications. Endwalls, inlets, or other appropriate terminating and intermediate structures, and backflow devices may be required where necessary. (12) Temporary ponding is allowable in areas specifically designed with high percolation rates (such as east of SR A -1-A on the Barrier Island) so that ponding does not last more than eight (8) hours. (13) Materials used in drainage facilities which cross, traverser or encroach major roads as depicted on the -Indian River County Thoroughfare Plan shall be designed for a fifty (50) year life. (14) All stormwater facilities shall be established in dedicated water management tracts, easements or specified common areas. Condominium documents, deed restrictions, or other legally binding instruments shall describe the location of such areas, specifically define the mechanism for preservation of and maintenance of any private drainage systems, and shall appoint an entity responsible for maintenance and preservation. All water management tracts shall include a maintenance berm, with a slope not steeper than 8 foot horizontal to.1 foot vertical. In addition such facilities, as well as open channels and pends, shall have an easement for access to and around the perimeter for maintenance. Retention or detention facilities below the designed high water elevation shall be graded to slopes not steeper than 3 foot horizontal to 1 foot vertical. Dry retention slopes and wet retention slopes above the design low water elevation shall be grassed or otherwise stabilized. -13- (15) In watershed areas where the County has adopted a Stormwater Management master plan, all proposed facilities shall be in conformance with the adopted plan. (16) Stormwater systems connected to local 298 Drainage Districts facilities shall be designed with consideration given to the capacity of the Districts' overall system and shall be compatible with the objectives of each District. (17) Rainfall runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed to areas where percolation into the soil can be accomplished prior to introduction into any off-site receiving facilities. Pervious areas on line shall be covered with grass or suitable ground cover which has effective filtering characteristics. (18) 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. (19) The applicant will demonstrate that the development project is not in a Flood Hazard Zone. Flood Hazard Zones are identified under the following procedure; (a) A Flood Hazard Zone shall encompass all lands subject to inundation by the regulatory flood, including lands in a Critical Flood Zone or Coastal High Hazard Zone. (b) A Critical Flood Zone shall encompass: (1) Lands subject to inundation by a ten (10) year flood, i.e., the flood that has a ten (10%) percent probability of being equalled or exceeded in any given year. (2) Wetlands, watercourses and waterbodies. (3) Fioodways (see (d) below). (4) Isolated topographic depressions with a history of flooding or a high potential for flooding. (c) A Coastal High Hazard Zone shall encompass areas subject to high velocity waters caused by, but not limited to, hurricane wave wash. (d) A Floodway shall include the normal channel of a -14- , watercourse and adjacent lands that must remain unobstructed to convey the regulatory flood discharge without causing flood elevations to rise along any stretch of the watercourse above a specified permissible increase known as the floodway surcharge. The floodway surcharge shall be established, considering both existing and potential development, at a level that avoids an increase in potential flood damage. The floodway surcharge may be increased; however, if a developer wishes to construct some additional obstruction, he must first obtain flowage easements from the owners of all land that would be affected by increased levels. In no case, however, may a floodway surcharge exceed one foot. The floodway shall normally be calculated assuming equal encroachment on the floodplain from both sides of the watercourse, unless legally enforceable deed restrictions, limiting developruent rights, are recorded for the lands needed for the floodway. (e) Flood Hazard Zones, Critical Flood Zones, Coastal High Hazard Zones and flood elevation data may be identified through flood hazard studies and delineated on the Official Flood Hazard Map. A copy of the Official Flood Hazard Map and supporting data is attached and incorporated by reference into this ordinance (Appendix B). As new or better information becomes available, this ordinance will be amended to incorporate new maps and flood elevations or other data. Current maps and :supporting information may be inspected at: Indian River County Administration Building Community Development Division 1840 25th Street Vero Beach, FL 32960 (f) Sufficient funds have not been available to map the entire land area of Indian River County and perform the engineering studies necessary to identify Flood Hazard Zones, Critical Flood Zones, Coastal High Hazard Zones and Flood Protection Elevations. The standards of this ordinance shall also apply to development outside of mapped area, and information submitted by the developer or otherwise available to the Community Development Director shall be used to determine whether the project is within a Flood Hazard Zone as set forth above. -15- r SECTION 7. B. Stormwater Management and Flood Protection Permit (Type B). When a development project is determined to be within a Flood Hazard Zone according to the procedure set forth in Section 7 A (19) (a -f), a Type B Permit shall be required and the project shall be reviewed under the criteria of Section 7 (A) and must meet the following additional criteria; (1) An equal volume of storage capacity must be created for any volume of the regulatory flood that would be displaced by fill or structures. (2) The velocity of the regulatory flood must not be adversely altered on any watercourse. (3) All structures, including buried storage tanks, must be anchored as necessary to resist flotation, lateral forces and the impact of floating debris. (4) No development will be allowed that poses a significant threat of releasing harmful quantities of pollutants to surface waters or groundwaters during flooding. (5) The Flood Protection Elevation shall be set for each project at the elevation of the regulatory flood plus one foot. In Coastal High Hazard Zones, the Flood Protection Elevation shall be established with consideration given to wind -drive wave action. (6) Residential buildings must have the lowest floor elevated to the Flood Protection Elevation for that site. (7) Industrial, commercial or other non-residential buildings must have the lowest floor elevated to the Flood Protection Elevation or be flood -proofed as follows: (a) A Florida registered Professional Engineer or Architect must certify that the building has been designed and constructed so that below the Flood Protection Elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The design must take into account; flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effect of buoyancy, and impacts from debris. -16- (b) Flood -proofing measures must be operable without human intervention and without an outside source of electricity. (8) Accessory buildings may be constructed below the Flood Protection Elevation provided there is minimal potential for significant damage by flooding. (9) Sewage treatment and potable water supply systems must be designed and located to prevent inflow or contamination of surface waters up to the Flood Protection Elevation. Electrical and communications utilities must be designed to avoid flood , damage up to the Flood Protection Elevation. (10) Mobile homes must be anchored, tied down and blocked in accordance with the standards of Section 15C-1.10, Florida Administrative Code. Mobile homes must not be installed in a floodway or Coastal High Hazard Zone. (11) If any lot in a residential subdivision lies within a Flood Hazard Zone, then the following additional standards apply to approval of the plat: (a) Each lot must include a site suitable for constructing a residential building in conformity with the standards of this ordinance. (b) One or more elevation benchmarks must be established and indicated on the plat. Said elevations must be referenced to the NGVD (1929) and shall be calculated to withica 0.1 feet. (c) All prospective agreements for deed, purchase agreements, leases, or other contracts for sale or exchange of lots within the Flood Hazard Zone and all prospective instruments conveying title to lots within the Flood Hazard Zone must carry the following flood hazard warning prominently displayed on the document: FLOOD HAZARD WARNING "This property may be subject to flooding. You should contact local building and zoning officials and obtain the latest information regarding flood elevations and restrictions on development before making plans for the use of this property." (12) All roads shall be set at or above the ten year -1•- flood elevation, but in no case shall a road be constructed at an elevation below five feet above sea level. All roads shall be designed to maintain drainage flow beneath the road bed so that equalization may occur. (13) If the development project is in a Critical Flood Zone, it must be demonstrated, in addition to compliance with Paragraphs 1 through 12, that: (a) The elevation or velocity of the regulatory flood will not be increased as a result of any obstruction or displacement of flood waters. (b) There is no significant threat of releasing quantities of pollutants which have the effect of degrading water quality below standards established in Florida Administrative Code Chapter 17-3, as amended from time to time, to surface or groundwater during the regulatory flood. (c) The capacity of the Critical Flood Zone to store and convey surface waters or perform other significant water management functions will not be impaired. (14) If the development project is in a Coastal High Hazard Zone, it must be demonstrated, in addition to compliance with Paragraphs 1 through 13, that: (a) All buildings or structures shall be elevated so that the lowest horizontal supporting member is located no lower than the Flood Protection Elevation, with all space below the lowest horizontal supporting member open so as not to impede the flow of water. Such space shall not be used for human habitation nor enclosed in the future. Lattice work or decorative screening may be constructed below the flood protection elevation provided it is not part of the structural support of the building and is designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building. Solid walls will not be allowed. Only wood or mesh screening may be used. (b) Pilings or columns used as structural supports are designed and anchored to withstand all applied loads of the regulatory flood including velocity flow and hurricane wave wash. Fill must not be used as structural support. Compliance with these provisions must be certified by a Florida registered Professional Engineer. (c) Sand dunes or mangrove stands are not altered so as to increase potential flood damage. SECTION 8. REQUIRED INFORMATION FOR PERMIT APPLICATIONS A. Type A Permit - A detailed description and drawing (scale 1"=50' or larger) of the proposed stormwater management system shall be submitted to the Community Development Director by a Florida registered engineer or, for any development project constructed on a site of 1.00 acre or less, a Florida registered architect as long as any engineering service involved in the design is purely incidental to the architect's practice, as provided for in Florida Statutes §481.229 (1981), as may be amended from time to time. The following information shall be required: (1) Hydrologic data including design rainfall, project drainage area, tributory offsite drainage area, existing and proposed impervious area and soil characteristics including depth to seasonal high water table. Soil borings at four hundred (4001) feet spacing to a depth of six (61) feet shall be provided. Alternate representative soil profiles may be used if approved in writing by the Public Works Director and if demonstrated to be from a reliable and generally recognized source. A one foot interval contour topographic map of development area including offsite area of sufficient size to indicate the general neighboring elevations. (2) Hydrologic calculations for determining existing and proposed stormwater runoff. (3) Hydraulic data including receiving water stages, stage -storage and stage -discharge data for proposed retention and/or detention facilities, and percolation test data as per the following procedure: (a) The test holes shall be located as close as possible to the proposed location of exfiltration trench or other -19- It percolation facility (vertical and horizontal) and, if critical, to a depth two (21) feet below the water table (MSL) at the time of the test. (b) A hole for each test of approximately twelve (12") inches diameter (or as required for a maximum clearance of one-half (1/211) inch between the hole and the test casing) is excavated to the required depth and the casing is lowered into the hole with a minimum of twelve (1211) inches extending above the surface of the grade. (c) The test casing shall consist of a pipe that is at least eight (811) inches in diameter with perforations in approximately the bottom seventy-five (758) percent of the length as measured from the surface. The bottom of the casing shall be pointed. Exfiltration increments shall be measured with a suitable gauging device. (d) Fill the test bore to six (6") inches above the surface of the existing grade and run test no later than two (2) hours after level has exfiltrated to below surface of existing grade. In all•c:ases •test runs are to start only after the first two (2") inches exfiltrated. (e) Run tests for at least thirty (30) minutes and record at least the date, weather, project name, test run by, test number, location on site, sketch of hole and casing, groundwater conditions, incremental drop and time, and subsurface soil information. Information shall be tabulated and attested to by a registered professional engineer, licensed to practice in the State of Florida. The County Division of Public Works must be notified at least twenty-four (24) hours in advance of the tests being conducted and reserves the right to witness the test procedure. Exfiltration rates for designing the site drainage facilities shall be determined by the developer's engineer from these tests. Alternate percolation or permeability tests procedures may be used if approved in writing by the Division of Public Works prior to their use. (4) Hydraulic calculations for sizing channels, culverts, inlets, retention/detention ponds, pond discharge -20- structures, and determining diAcharge rates and maximum water surface elevations. (5) Erosion and Sedimentation Control Plans, during and after construction. (6) Statement of all assumptions and reference sources used in the conduct of the study. (7) A certificate from a professional engineer licensed in the State of Florida that the soils are suitable and proper for the uses and purposes of the proposed development; or submission of a plan calling for the removal and replacement of unsatisfactory soils. If the applicant submits a plan for removal and replacement of soils, the applicant shall submit a certificate from a professional engineer after the removal and replacement of soils has been completed, stating the new soils are suitable and proper for the uses and purposes of the proposed development. Such certificate shall be furnished to the Public Works Director prior to the issuance of a certificate of completion. (8) Where percolation is proposed, at least one boring per basin shall be submitted. Said borings shall be to a depth of twenty (201) feet below the invert of the basin or to a depth sufficient to locate the groundwater table or impervious soil layer. (9) A general description of the manner in which the stormwater management system is to be maintained, indicating who or what entity shall be responsible and by what method the responsibility shall be created and documented. (10) A list of all agencies (State, Federal or local) having permit jurisdiction for the project. B. Type B Permit and Type C Permit - In addition to the information required for Type A Permits in Article A of this section, an applicant for a Type B Permit shall submit to the Community Development Director the information described in Paragraphs 1, 2, 3 and 4 below. An applicant for a Type C Permit shall submit the information described in Paragraphs 1, 2, 3 and 4, together with that information required in Section 8 (A) Paragraphs 5 and 10: -21- (1) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. (2) Elevation in relation to mean sea level to which any non-residential structure will be flood -proofed. (3) Provide a certificate from a Florida registered professional engineer or architect that the non-residential flood -proofed structure meets the flood -proofing criteria in Section 7 B (7) (a -b). (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. SECTION 9. REQUIRED INFORMATION TO BE SUBMITTED BY TYPE B PERMIT APPLICANTS AFTER ISSUANCE OF PERMIT Applicants receiving Type B Permits shall provide to the Community Development Director a flood elevation or flood -proofing certification after the lowest floor is completed, or in instances where the structure is in a Coastal High Hazard Area, after place- ment of the horizontal structural members of the lowest floor. . Within twenty-one (21).calendar days of establishment of the lowest floor elevation, or flood -proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Community Development Director, a certification of the elevation of the lowest floor:, flood -proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by, or under the direct supervision of, a registered land surveyor or professional engineer and certified by same. When.flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (21) calendar day period and prior to submission of the certificaiton shall be at the permit holder's risk. The Community Development Director shall review the Flood Elevation Survey data submitted and shall respond promptly as to any deficiencies noted. -22- -• - Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the survey, or failure to make said corrections required hereby, shall be cause to issue a stop -work order for the project. SECTION 10. PERMIT APPLICATION AND REVIEW PROCEDURES ' A. Preliminary Permit Application - Any person who is in doubt as to whether a proposed activity requires a permit under this ordinance may request a review by the Community Development Division upon completion of a preliminary application form supplied by the Division. No fee shall be charged for preliminary application. The preliminary application form shall be filed by the owner/applicant and shall contain the following elements: (1) A location map. (2) A statement and sketch expressing the intent and scope of the proposed project. Review - The completed preliminary application shall be submitted to the Community Development Director to be reviewed by the Community Development Director and the Public Works Director. Within ten (10) working days after submission of the complete preliminary application, the Community Development Director will notify the applicant that either the project is approved, is exempt, or a formal permit application must be filed for the project. B. (1) Type A or B Permit Applications - If a Type A or Type B Permit is required for the project, the applicant shall furnish all required stormwater management information, together with flood protection information, if applicable, to the.Community Development Director on forms furnished by the Department. The requirements of this ordinance shall be reviewed during the site plan or subdivision review processes if the project would otherwise require site plan or subdivision review. If such review is not otherwise necessary, the Department shall review the application and render a decision as to whether the requirements of this ordinance are met within fifteen (15) working days. -23- (2) Type C Permit Application - If a Type C Permit is required for the project, the applicant shall furnish all necessary flood protection information to the Community Development Director on forms furnished by the Department. The application shall be reviewed within ten (10) working days of receipt of the application or at the time of consideration of the request for a zoning permit, whichever first occurs. SECTION 11. ADMINISTRATIVE DUTIES A. Stormwater Management: Duties of the Public Works Director: The Public Works Director shall perform the following specific duties: (1) Make all professional engineering determinations required with respect to analysis of any given application. (2) Approve any changes or amendments to an approved stormwater management plan. (3) Provide courtesy notice as to the general description and location of newly constructed wet or.,dry retention facilities to the Indian River County Mosquito Control District•.. (4) After the completion of a project, require as -built plans from the owner or applicant and a Certificate of Completion from the Engineer of Record. (5) Any system required by this ordinance shall be maintained by the owner, successor owners, or an entity designated by the owner except that the Director may accept certain systems for County maintenance. The selection of critical areas or structures to be maintained by the County shall be recommended to the County Commission by the Director. All areas or structures to be maintained by the County must be dedicated to the County by plat or separate instrument and expressly accepted by the County Commission. For any system which is to be maintained by a party other than the County, easements shall be established which permit the County to inspect and if necessary, as determined by the County, to take corrective action should the party fail to properly maintain the system. Such easements shall also establish a right of entry for the Indian River County Mosquito Control -24- ,,,, District for the limited purpose of inspection, prevention, Or treatment of mosquito infestations, as allowed by law. Should a Party fail to properly maintain a system an required, Ehe Direc�ar snail give such party written notice of the nature of the corrective action necessary. Should the party fail, within thirty (30) days from the date of the notice to take, or commence taking, corrective action to the satisfaction of the Director, the County may enter upon lands, take corrective action and the cost of such corrective action shall become a lien on the property benefited. B. Flood Protection Management: Duties of the Community Development Director: The Community Development Director shall have authority to administer this ordinance, and shall perform the following specific duties: (1) Determine any additional information that must be submitted for flood management review. (2) Review applications for compliance with the standards of this ordinance after input from the Public Works Director and the County Attorney as to those matters within ihEiir professional disciplines; and either approve, approve with conditions, or deny the application based on that review. If application approval is denied, the Community Development Director shall state the reasons; however, it is not the responsibility of the Community Development Director to design an acceptable development. (3) Maintain a record of the actual, "as built" elevation or flood -proofing of all buildings constructed after flood management review. (4) Coordinate the review with other permitting agencies, if necessary. (5) Notify adjacent communities, the St. John's River Water Management District, and the State of Florida, Department of Community Affairs prior to alteration or relocation of a watercourse and provide a copy of such notification to the Federal Insurance Administrator. (6) Maintain a record of all variances, including -25- -r _ Justification for their issuance, and submit a copy annually to the Federal Insurance Administrator. (7) Interpret the boundaries of Critical Flood Zones, Flood Hazards Zone and Flood Protection Elevations and interpret the boundaries drawn on the Official Flood Hazard Boundary Map to reconcile elevation data and field conditions. (8) Issue notice of violation and otherwise enforce this ordinance. SECTION 12. APPEAL PROCEDURE A. Duties of the Board of Adjustments - The Board of Adjustments shall have the following duties in administering this ordinance: (1) Upon appeal by the developer, review decisions of the Community Development Director regarding interpretations of this ordinance, providing the appeal is filed in writing within thirty (30) days of the action which is appealed. (2) Issue variances from the standards of this ordinance when all variance criteria are met. B. Variance - The Board of Adjustments may grant a variance from the standards of this ordinance if the following conditions are satisfied: (1) The applicant meets the requirements of Section 26 of the Indian River County Zoning Code, and (2) Granting a variance will not result in an increase in the elevation of the Regulatory Flood, additional threats to public safety, extraordinary public expense, the creation of nuisancesi fraua or victimization of the public, or the creation OE conflicts with other local ordinances and (3) No variance will be granted allowing a development that would increase flood damage on other property unless flowage easements have been obtained from the owners of all affected property. In no case, however, will a variance be granted that would increase the elevation of the Regulatory Flood more than one foot. Any applicant to whom a variance is granted shall be given written notice specifying the exact nature of the variance. -26- SECTION 13. NOTICE A. In the event the Community Development Director • determines a violation exists, a written notice of violation shall be issued to the owner of the property. The notice shall contain: (1) The name and address of the owner. (2) The street address when available or a description of the building or land upon which the violation is occurring. (3) A statement specifying the nature of the violation. (4) A description of the remedial actions necessary to bring the development activity into compliance and a time schedule for completion of such remedial action. (5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed. (6) A statement that the Community Development Director's determination of violation may be appealed to the Beard of Adjustments by filing a written notice of appeal within thirty (30) days of service of notice of violation. B. The notice of violation shall be served upon the person(s) to whom it is directed either personally, in the manner provided for personal service of notices by the const of local. jurisdiction, or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to :itch person at his or her last known address. SECTION 14. ENFORCEMENT A. Any violation of this ordinance is a public nuisance and may be restrained by injunction o; otherwise abated in a manner provided by law. B. In addition to or as an alternative to any penalfy provided herein or by law, any person who violates the provisions of this ordinance shall be punished by a fine of not more than FIVE HUNDRED DOLLARS ($500.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment. Such person shall be guilty of a separate -27- offense for each day during which the violation occurs and continues. C. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the County may take necessary corrective action, the cost of which shall become a lien upon the property until paid. SECTION 15. VESTED RIGHTS This ordinance shall not limit the vested rights of any person to complete any development project for which approval was properly granted based upon prior law, where such previous approval remains in effect. The County Commission may acknowledge vested rights in other circumstances where it is equitable and just. SECTION 16. CONFLICT WITH OTHER ORDINANCES AND CODES In case of a conflict between the provisions of this ordinance and prior ordinances, the prior ordinance shall be deemed repealed to the extent of such conflict. Indian River County Ordinance 78-25, as amended and codifi•edy and Section 23 (k) of the Indian River County Zoning Code, pertaining to flood protection and stormwater management control and criteria respectively, are hereby expressly repealed. SECTION 17. SEVERABILITY Each separate provision of this ordinance is deemed independent of all other provisions so that if any section, sentence, clause, phrase or word of this ordinance is held or declared unconstitutional, inoperative or void, all other provisions shall remain valid and enforceable. SECTION 18. EFFECTIVE DATE This ordinance shall take effect immediately upon receipt of the official acknowledgement from the office of the Secretary of State, of the State of Florida, that this ordinance has been filed with that office, or upon December 1, 1982, whichever date shall last occur; provided, however, that any development project for which a completed application for subdivision or site plan approval, as the case may be or a -28- completed application for zoning permit in'the event subdivision or site plan approval is not required, has been received by the Community Development Division prior to the effective date hereof may be considered, at the option of the developer, under the law existing prior to the effective date hereof. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 17th day of November , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By�� DON®C. SCURLOCK, JR. Chairman Acknowledgqmment by the Department of State of the State of Florida this 4W aiDday of �j /y,,,J , 1982. Effective Date: Ackno ledgment from the Department of State received on this D day of , 1982, at k5;� iii:/P.M. and filed in the Office f the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL FICIE CY By ,y ,'__4 Y , C BRANDENBURGunty Attorney STATE OF FLORIDA INDIAN RIVER COUNTY _THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT CQPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREDAy,WRIGHT, CLEK BY �� O C. DA E r ` -29- ' G