HomeMy WebLinkAbout1991-44418/91 County(Legal)Ob
ORDINANCE NO. 91- 1L
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
REGULATING THE WORK, CONSTRUCTION, AND PERMIT-
TED USE IN ALL COUNTY RIGHTS-OF-WAY EASEMENT
OR OTHER PUBLIC LANDS IN THE UNINCOPORATED
AREA OF INDIAN RIVER COUNTY, FLORIDA: PRO-
VIDING FOR TITLE_. PURPOSE: APPLICABILITY;
DEFINITIONS; EXEMPTIONS FROM PERMITTING;
PROHIBITED ACTIVITY; RIGHT-OF-WAY ORDINANCE
INFRACTION PROCEDURES; PERMIT APPLICATION
PROCEDURES; REPAIR OF DAMAGE TO COUNTY ROADS
OR RIGHTS-OF-WAY; UNPERMITTED CONSTRUCTION;
PERFORMANCE SECURITY; PERMIT EXEMPTION;
TERMINATION OF USE OR REMOVAL OF OBJECT;
PUBLIC PROTECTION AND LIABILITY; PENALTY;
REPEAL—GF- C-0NFL-I C -T I NG-PROV I S I ONS ;-iVC-0RPORTI ON
IN CODE; FEES; RIGHT-OF-WAY DRAWINGS; EFFEC-
TIVE DATE; AND SEVERABILITY,
WHEREAS, orderly administration and safety dictate
that the County regulate the use of County Rights-of-way,
NOW THEREFORE, BE IT ORDAINED by the Board of
County Commissioners of Indian River County, Florida, that:
SECTION 1. NEW CHAPTER.
Chapter 310 - Rights-of-way as set forth in Attachment
"A" to this Ordinance is hereby adopted.
SECTION 2. REPEAL OF CONFLICTING PROVISIONS.
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
whi-ch-c-onfltc"i-th—th"r-ovisions of this ardimance 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repealed to the extent of such conflict.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ordinance are hereby repealed to the extent of such conflict.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. SEVERABILITY.
If any section, or if any sentence, paragraph,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, inoperative, or void, such holding
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.
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SECTION 4. EFFECTIVE DATE.
This ordinance shall become effective upon
becoming law.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 15
da-y—o-f O c t ob-er 1-9-91
This ordinance was advertised in the Vero Beach
Press -Journal on the_25_ day ofTtPmhar , 1991, for a
public hearing to be held on the _15. day of October N
1991, at which time it was moved for adoption by
Commissioner SourlQc. seconded by Commissioner
Wheeler__ , and adopted by the following vote:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler ye__
CommissJane-r-�Va-r_gare-t_C. Bawman qle_
Commissioner Don C, Scurlock, Jr. Ale_
Commissioner Carolyn K._ Eggert Absent
BOARD OF.000NTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ATTEST
F T
r --By _
Jeffrey K far>t,on,.GJerk Richard N. Bird, 7hairman
Q
!Acknowledgmen't by the Department of State of the State of
Florida. this `21st day of October 1991.
Effective date: Acknowledgment from the Department of State
received on this 24th day of October 1991, at
11:00 a.m./p.m. and fired in the6i'rice of t�ie�lerk of the
Boar- -6T County Commissioners of Indian River County,
Florida.
AVVrovea Cale
uian Aiver Ca
pumin.
1C b -ZO-
I
--
2
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ATTACHMENT "A"
TABLE OF CONTENTS
CHAPTER 310 RIGHTS-OF-WAY
SECTION 310.01 Title
SECTION 310,02 Purpose
SECTION 310,03 AppItczLLLity
SECTION 310.04 Definitions
SECTION 310,05 Exemptions from Permitting
SECTION 310.06 Prohibited Activity
SECTION 310.07 Right -of -Way Ordinance Infraction Procedures
and Penalties
SECTION 310.08 Permit Application Procedures
1. Reference Material
Z -.--Type of Pe-rmfits-and-Requi--ed tnformatian
a. Driveways
b. General Construction within Right -of -Way
c. Utility Construction within Right -of -Way
d. Other Right -of -Way Permits
Use Permit
3. Permit Review
SECTION 310.09 Repair of Damage to County Roads or
Right -of -Way.
SECTION 310.10 Unpermitted Construction
SECTION 310.11 Performance Security
SECTION 310.12 Permit Expiration
SECTION 310.13 Termination of Use or Removal of Object
SECTION 310.13 Public Protection and Liability
SECTION 310.15 Penalty
SECTION 310.16 Fees
SECTION 310.17 Dedication
SECTION 310.18 Traffic Control Devices
SECTION 310.19 Right -of -Way Drawings
Sect -ion 310.01 -Titl
This ordinance shall be known as the Indian River
County Right -of -Way Ordinance.
Section 310.02 Purpose
The purpose of this ordinance is to:
I ) es_tabLLsh a_manda-tory permi-tirog_p-%cerlure-forr--ny
work within County right-of-way, land, or
easements;
2) establish guidelines for the placement and
location of:
a) driveways
b) utilities
c) excavation, fill and other structures
within County rights-of-way;
—3-1estabi Vsh star&ards for—t-raffi- control—d-evi-ces
within County rights-of-way;
4) establish construction specifications for work in
County rights-of-way, easements, or County land;
5) provide for proper use and non -obstruction of
County rights-of-way and easements;
6) establish guidelines and permitting for the
movement of overweight and over dimensional
vehicles or structures within County
rIghts---o-f --w-ay;
7) prohibit the use of certain streets by trucks
exceeding 5,000 lbs.;
8) establish parking regulations within County
rights-of-way;
9) establish weight regulations on roadways and
structures within County rights-of-way;
10) establish guidelines and permitting to regulate
processions, assemblies_, parades and hauling
routes.
Section 310.03 Applicability
The requirements set forth in this ordinance shall be
applicable to all county owned, publicly dedicated or
reserved rights-of-way, land, or easement in the
unincorporated area of Indian River County, Florida, and in
those—County rights -of -ways ands, or ea-seme-nts- -t-hin
municipalities, the maintenance of which has been assigned
to and accepted by Indian River County. This ordinance
shall also apply to construction within County -owned or
County maintained canals and drainage facilities. Nothing
in this chapter shall be construed as acceptance by the
County of maintenance of platted rights-of-way.
Section 310.04 Definitions
1) Bikeway: Any road, path, or way which in some manner is
specifically designated as being open to bicycle
travel, regardless of whether such facilities are
designated for the exclusive use of bicycles or are to
be shared with other transportation modes.
2) Driveway: That portion of the right of way used for
ingress and egress to the abutting private property
from the street.
3) Easement: The legal right granted to a party to cross
or use part of the land for public purposes. This may
be for utilities, line -of -sight, pole lines, or scenic
purposes.
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4) Encroachment: Any object or use occupying any portion
of a public right-of-way which is not allowed by this
ordinance or is not allowed by reason of a permit
having been granted by the County,
5L Public Works Director: the County --Public Works Director
or his authorized representative,
6) Right -of -Way:- The land owned or controlled by the
County over which the public has a right of passage,
including the streets, sidewalks, bikeways, and
driveways constructed thereon,
7) Sidewalk: A walkway intended primarily for pedestrians
on-one-or-b$th-s-fd€s of --a puha-i-e-street.
8) Street: The area of the .public right-of-way which is
intended for normal vehicular traffic, including paved
or unpaved roadways but not including service entrances
or driveways leading from the roadways onto adjoining
property.
9) Utilities Director: The Utilities Director or his
representative.
10) For words that are not defined in this section, the
following sources shall govern in this order (a)
Florida Statutes and (b) Indian River County Code.
Section 310.05 Exemptions from Permitting
1- a i n add1t j on— t o—the i nt_end_ed uses whi r h a r e set -
forth
etforth herein, the uses or objects set forth below
are allowable in the right-of-way and do not
require a permit issued pursuant to this chapter;
however, permits may be required under other
chapters of this code for such facilities.
Allowable uses are as follows:.
1) U.S. Postal Service approved mail boxes and
newspaper receptacles mounted as prescribed
by f1-ori.da -Department of Transportation
standard indexes.
2) Authorized traffic control signs and devices
as approved by the Public Works Director.
3.). Work of any nature performed by Indian River
County workforces.
4) Routine mowing or other maintenance work that
does not alter or disturb the physical
condition of the right-of-way.
2. Emergency Exemption
a) This ordinance shall not be construed to prevent
the doing of any act otherwise lawful and
necessary to prevent material harm to health,
safety 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
_hurra_canes ar—whenthe—pr-aper_ty�s in _i_mmi_nent
peril and obtaining a permit is impractical and
would cause undue hardship in the protection of
the property.
b) A report of any such emergency action shall be
made to the Division of Public Works by the owner
or person in control of the property which affects
the right-of-way, easement, or County property
upon which emergency action was taken as soon as
r- c-ti-cable,-iut not mo-re—than ten days foo-1-0w-ing
such action. Remedial action may be
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required by the Public Works Director subject to
appeal to the County Commission in the event of
dispute.
c) In the event that any utility or governmental
entity including their authorized contractors must
perform emergenc-y repairs wh1ch vtoui_d requi_r-e a
permit under this ordinance, then that entity may
begin those emergency repairs provided:.
1) The Public Works Director is notified in
person or by .telephone that such repairs must
be initiated on an emergency basis,
2) A right-of-way permit is obtained. as soon as
practicable after the emergency repairs are
begun, but in no event later than ten days
of -t -r etre-emergency-repa-i rs-bega ,
Section 310.06 Prohibited Activity
1. Except as provided in Section 310,05, it shall be
unlawful and subject to penalties provided herein
for any person, corporation, or utility company,
public or private to:
(a) construct, alter, arrange for, authorize, or
participate in any construction
of fill, pavement, driveway,
vegetation, signs, or, structures, or any
encroachment in County owned land,
right-of-way, easement or drainage facility,
without first obtaining a valid right-of-way
permit and paying all necessary fees.
(b) construct any ; roadway, or drainage
Improvements, or s -t uctur_es in— a cot nty
right-of-way, or easement which do not
conform to requirements set forth in the
publications listed .in Section 310.08, or not
otherwise' approved by . the Public Works
Director."
(c) obstruct or damage facilities in a County
right-of-way; or impair use of the
Right-of-way, easement, or County land by the
pa6cfrTg, pi acement , o f-veh-i-c l es , debr i ski -H
or other structures in the County owned land,
right-of-way, or easements.
(d) use the County right-of-way for the movement
of over -sized and/or over -weight vehicles or
structures without first obtaining a valid
right-of-way use permit. Over -sized and
over -weight vehicles are defined in Chapter
316, Florida Statutes. _
(e) provide for the direct connection of any
fluid discharge from a swimming pool, water'
softener, washing machine, or any mechanical
device, into County rights-of-way, easement
or public land.
(f) install water, sewage, gas, power,
telephones, cablevision, or other utilities
along County rights-of-way, easements, or
County—land Nci th_out obt_ai_n_ ng an -author -i zed
license as described in Chapter 125.42
Florida Statutes.
(g) install any unauthorized sign, utility,
shrub, obstruction or structure within four
feet of the curb line.or 14 feet from edge of
uncurbed pavement or if those limitations
cannot be met then the installation shall be
as far from the edge of the pavement as
pass -i -b -I -e but sha1-1--be w i t h in be
right-of-way. See Figure 1, Section 310.19.
(h) install fixed objects or vegetation which
obstructs vision at the intersection of
public roadways such that sight distance
is less than prescribed by the Manual on
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Uniform Standards for Design, Construction
and Maintenance for Streets and Highways,
latest edition by the Florida Department of
Transportation. The County has the right to
enforce sight distance requirements where
ex -fisting_ condi-t_tons—_re---caus_i-ng a haza_r-dous
condition.
(i) use certain roadways and structures for the
through movement of vehicles exceeding 5,000
Ib, if such roadways are signed "No Trucks
Over 5000 LB, empty weight".
(j) install any water well or septic system
within the, Courify. right-of-way without
license and pursuant to Resolution 90-75.
(k)—perfurm—work mY-any—Co-unty r rgh-t=ot-way
without proper traffic control.
(I) leave any trash, junk or debris within the
right-of-way, other than that placed for
regular garbage pick up.
(m) conduct any sales or business in the
right-of-way.
(n) use any County roadway for processions,
races, street dances, street parties,
assemblies and parades without first
obtaining approval of a traffic control plan
by the Public Works Director and obtaining a
valid right-of-way permit and paying all
necessary fees.
2. It shall be unlawful for any person to stop,
stand, or park any motor vehicle, except in emergency
3-i-tua-ti-ams or in zompa-i "z -e w -i th the—d -rec-t i or, , f a taw
enforcement officer or traffic control device in the
following manner:
(a) alongside any curb which has been painted
yellow or red;
(b) in such manner that any part of such vehicle
is protruding over a sidewalk, bike path, or
any part of the sidewalk bike path area, or
roadway,
(c r in any Couni ght-of-way where --signs are
posted prohibiting parking or in any manner
contrary to the express direction printed
upon a regulatory sign;
(d) in the County right-of-way for 48 continuous
hours;
(e) to perform maintenance or repairs on a motor
vehicle in the right-of-way, unless said
repairs are performed on a d 1 -sa_bled -or
inoperable vehicle on an emergency basis in
order to remove that vehicle from the
right-of-way. In the event an automobile is
disabled or inoperable, and cannot be
repaired immediately, said vehicle shall be
removed from the right-of-way within 48 hours
from the time it was initially parked.
(f) to park any motor vehicle on any County or
ctater-oad-right-o-fair-when s-uch-roadwayi-s
designated in the County Comprehensive Plan
as an arterial, primary collector, or
secondary collector, unless said vehicle is
parked in an area specifically designated for
parking of vehicles or is disabled or
inoperable, in which event said vehicle shall
be removed as soon as practicable.
(g) in violation of the Traffic Control Law,
Chapter 31 6, Florida -Stat -t -es.
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Section 310.07 Right Of -Way- Ordinance ----Parking
Infraction---
-- ---
Procedures and Penalties
1, Whenever any motor vehicle is parked in violation of
this ordi-nance—thew_enfo-rr-em--en_t of-fi-oer_obser_vi_ng
the violation may prepare a written parking citation,
including all necessary particulars, and deliver the
citation to the owner or driver, if present, or affix
the citation to the vehicle in a conspicuous place.
For the purpose of this paragraph, "law enforcement -
officer" also includes any designated individual
employed by Indian River County who has been appointed
by the Sheriff's Office as a parking enforcement
special-ist pursuant t-a--Sect1on-16.649—,—FIori-dam
Statutes.
2. Any person receiving a parking citation for a parking
violation shall, within three working days, pay the
civil penalty as prescribed by separate resolution as
adopted by the Board of County Commissioners, or
request a hearing before a judge of the County Court,
Any person electing to appear before the designated
judge shall be deemed to have waived his .right to pay
the civil penalty, After a hearing, the, judge shall
determine whether a violation has been committed. If a
violation has been proved, the judge may impose a fine
not to exceed the amount specified in the schedule of
civil penalties plus court costs.
Section 310,08 Permit Application Procedures
1, REFERENCE MATERIAL
The application form as provided by the Department of
Public Works shall be used for all types of permits.
The conditions specified on the reverse side of the
application form shall be adhered to as part of this
ordinance. Applicants should refer to the drawings in
Section 310.19 as well as the following publications
for-properconst-rurti-on-spec-i-fi cat -i -ons and pro-cedures:-
a. Florida Department of Transportation' Standard
Specifications for Road and Bridge Construction
ti
Lat— on.—
----
estEdi--------------------
----
b. Federal Highway Administration Manual of Uniform
Traffic Control.Devices - Latest Edition_ -
C. State oc 7lorida —Road and Traffic Design
Standards - Latest Edition,--__---__--_—__
d. F-1orida Department of Transportation Manual of
Uniform Minimum Standards for Design, Construction
and galntenance Tor Ttreets ana�ligriways—=—Latest
MY on.
These manuals may be obtained by contacting:
Florida Department of Transportation
Map & Publication Sales
605 Suwannee Street
Tallahassee, FI, 32301
Suncom 278-9220
(904)48879220
2, TYPE OF PERMITS AND REQUIRED INFORMATION
A. Driveways
the oal-low+ng wiII be requi-r-ed prior to
construction of any driveway in the County
right-of-way:
1) General Application Data & Specific Driveway
Data on the appropriate forms
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2) Appropriate Filing Fee
3) Three sets of plans showing the driveway
design p aid profi-view.The-ol-lowi-ng
criteria shall be met:.
arJThat portion o -f any driveway constructed
within the County right of way shall be
- s true ted -as-7Shown- 1n- Sect •ron--310.19
Figures 2 and 3,
----b-)--nen connect i ng—o- a- 'road—ai-th- a -
drainage swale or ditch, the driveway
si al L'
follow t- he --contour o -f the swa e
or:diteh unless a culvertof compatible
size and acceptable-mater-tal iha - be
installed as determined by the Public
Works Dire�ct..r. Where culverts are
used, they - shall be installed. with
mitered ends or with endwalls as
required. by. the. referenced material in
paragraph 1 "(c) ofl.thi's-section. The
PublIc Works 6i:rector may require the
mitered ends or endwalls on local roads
c) In the case of a corner lot or. parcel,
ori doubte frontage-7parcei , driveway
connections) shall be to the road with
--t-he-lesser Punct lona 1--6-a-ssi-f-1cafien
except in those situations where the
ice
P,..�)-Vor4 - or fcle ermines -tha-t a
driveway will not adversely affect
Safety -ff- perml tt-ed-onnAiigher functional
classifications. If a parcel has only
- frontage on a collector or an arterial
route -as designated by the Indian River
County. Thoroughfare Plan, the Public
Works Director has the authority to
position the driveway to create the
least possible impact on the
thoroughfare. The establishment of
marginal access easements, an pavAe
connections to abutting property may be
required as providedforr-in the- radian
River County Comprehensive Land Use
- PIan-Siubd-M-sign—Ordinance—and—Site
PlanOrdinance along arterial and
primary -col -lector- routes-.
d) Sight. distance . requirements for
intersec-ti-on maneuvers are a function -of
several factors including design speed
and vehicle classification. The
Director of Public Works will determine
appropriate intersection visibility' for
each individual case based on, but not
limited to the criteria set forth in
Chapter 952, Section 7 of the 'Indian
River County:'Code.
e margina access roa s or other .o I
roads are constructed and property
accessiravailab-I-e— via these roads,
Indian River County may require driveway
e -I ocati on to= the 4 ew—c-la-sbi f -ed
road.
f) Any proposed devel-opmerit—Avhe r -_e the
projected traffic generation is expected
to exceed 60 vehicIes per hour d -u -rine
the peak period or 1000 vehicle trips
ends -per day may require special
attention and review and must meet
criteria established by Indian River
oun.ty Cod
Ghapter 952 Section
Traffic Impact analysis'.
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g) Any proposed driveway to be located on
any major arterial or collector routes
are subject to conditions stated in # b
above.
h) Every effort should be made to locate
driveways so as provide safe and
efficient flow of traffic in terms of
pedestrian and vehicular (including
bicycle) movements. Traffic conflicts
s ho_uJsLbe_min-imiz ed_
B. General Construction within right-of-way
This would include construction such as street
paving, sidewalks, driveways, curbs and storm
drainage. Except for single family residences
which require only a detailed drawing as provided
in the right-of-way permit, the following are
required:
1) Three sets of engineering plans which contain
right-of-way di -mens -ions, existing features-,—
proposed
eatureproposed location within the right-of-way,
stationing, cross section and topographical
features including the locations of existing
utilities and profiles affected by the
proposed construction or installation,
sufficient elevations to determine drainage
characteristics and divides.
2) Performance security as provided for in
-Section 310.11,
3) Appropriate filing fee as described in
Section 310.16.
4) Detailed specifications if applicable.
5) Information showing that the following
criteria will be met.
(a) All existing conditions including but
not limited to traffic control devices
shall be restored to original or better
condition.
(b) Traffic control shall be maintained in
accordance with the State of Florida
Roadway and Traffic Design Standards and
DnTlorm—Nfanuar-6'n--'rr:-aT ic-7ontrof
Devices. (Federal------HigFway
ministration)
6) Terminating boxes, junction boxes, and other
structure -s shal1---be l-ocafed away frain
intersection pavement so that future road
widening can be accomplished and so as to not
create sight distance obstruction at
intersections.
7) Where possible, utility crossings shall be
perpendicular to the roadway alignment,
8) Dewatering plans shall be provided if
necessary.
97 Encasement; i re uq ired-,—siallbe based on
classification of roadway, soil conditions,
depth of cover, and type of utility.
10) Detour route with approved maintenance of
traffic signs and devices as designated in the
Roadway and Traffic Design Standards and
OnTForm Mlanual --on Walfic--�ontroT
NUFEes,-where appTTcabTe-------___--�
C. Utility Nonstruction within the right-of-way
All utility work will require a right-of-way
construction permit. Utility companies having a
valid franchise to operate in Indian River County
will not be required to pay a right-of-way permit
fee. Utility companies not having a valid
franchise may be required to pay a User Fee to be
10
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determined by the Director of Public Works. The
permit application shall be submitted along with
the following information:
1) General Application Data & Specific Utility
Data.
2) Appropriate Filing Fee,
3) Three sets of engineering plans which contain
plan, profile and cross-section views of the
existing and proposed facilities including
a11ex Lsti_ng u -t1 -l -it -i -es, s-tructures---�n th
right-of-way within 100' of the improvement,
and other pertinent information.
4) Plans that show that the following criteria
are met:
a) Utility placement shall be to the proper
depth and location as approved by the
Public Works Director and Utilities
Director.
B) --A H—ut rlrtty—structures—i-n c Judi ng—traffi c
signal and control appurtenances,
drainage structures, communication, and
electrical lines, gas lines, water,
sewer, oil transmission lines, etc.
shall meet specifications and
construction procedures as required by
Florida Department of Transportation and
the appropriate utility agencies.
�)--Open pavement cut shall not be permitted
on County arterial and collector routes
as designated on the County's
Thoroughfare plan unless approved by the
Public Works Director on the permit.
All such crossings shall be "bore and
jack" in accordance with Florida
Department of Transportation standards,
unless approved open rii_t—Lf open—cul
is approved, one lane of traffic in
each direction should be maintained,
using proper traffic control procedures
as outlined in the reference material
cited in Section 310.08.1(b) & (c).
D) Pavement cut and restoration, where
approved, shall be as follows:
1) Pipe bedding, backfill, and
Standards specified in the
references indicated in Section
310.08.1(a) & (c). Open cut
restoration shall meet
specifications detailed in drawing
#6 Section 310.19. Density testing
shall be performed by an approved
independent testing laboratory and
reports submitted to the Public
Works Director prior to permanent
patch. A temporary asphalt patch
shall be applied within 24 hours
after backfill and compaction. The
finish surface of the temporary
asphalt patch shall be within 4" of
the elevation of the existing
roadway surface.
2) 72 hours prior to the time of
pavement cut, the Public Works
Director shall be notified of the
date and time of the cut. An
emergency phone number of the
contractor shall be provided.
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3) Work site traffic control shall be
provided in conformance with
Florida Department of Trans-
portation aoway__ann--irraa7T c
6esil nn anc7ards.
4_) A -performance securisy as--describe-d
in Section 310.11 shall be provided
to assure performance of the
pavement restoration.
5) Asphalt restoration will be
required within 15 days after
temporary patch is installed. The
final finish shall be smooth and
uniform within a Hnch tolerance
of- he- req u i-red-s-urf-ce
6) Shoulder, right-of-way sodding, and
other restoration shall be
performed as required by the Public
Works Director in accordance with
Florida Department of
Transportation Standards,
7) Traffic Control devices (e.g.
signs, street name signs, traffic
signals and pavement markings
shall be restored to their original
condition or better.
8) Prior to final release of the
performance bond, which shall occur
no sooner than 90 days after final
pavement restoration, the
Engineer -of -Record or Utility
company shall request a final in-
spection, shall certify that the
utility has been installed in
accordance with Standards specified
in the publications listed in
Section 310.08, shall submit two
copies of as -built drawings, and
shall submit release of lien by
contractors.
-9. Ail utility—s-truct-res wrH be
required to have an identification
tag designating proper ownership.
10. The appropriate fee and charges as
required by resolution 90-75, as
amended, is required.
D. Other Right -of -Way Permits
1. The movement of any overdimensional or overweight
vehicle, structure, or object on or across County
maintained right-of-way shall require the issuance
of a right-of-way permit. The following
information shall be required:
a) General Application Data 6 Specific
Overweight/Overdimensional data.
b) A map of the haul route shall be included,
along with a detailed description of
structures, trees, signs, or other objects
—tha_t_ous be r Located, rail-e-d__he_l_d-,ter I
otherwise changed because of conflicts. Any
bridges or traversing drainage structures
along the route shall be indicated.
c) The posting of a $10,000 cash or surety bond
with the County.
d) A haul schedule specifying traffic control
procedures.
e) Appropriate Filing fee,
Public Works Director ticket(s) from an
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approved weight station or scale to, veriTy
axle loading , and distribution. Load
restrictions and dimensronso &Ic es or
structures must be in accordance -with Chapter
f) County may require the applicant to pay for
materia" ncl-personnel costs-of-assrs-tance
2r In the case of permits for processions, assemblies, and
Farads; the-fv-1-l-owing-guidel-ines-should-be-considered:
a) Submit maintenance of traffic plan.consistent
with requirements in -the Manuaa On Uniform_.
Traffic Control Devices inc l -u ngdetour
s%ggns,�ar caries T77. 1 ice assistanc __ iJf
necessary.
) Events should be scheduled so as not to
interfere with peak daily and/or seasonal
traffic conditions.
c).,. Events should be routed, if. possible, so as
not to occur on primary collectors or
arterial roadways i entifiedthe Indran
River County Thoroughfare Plan.
d7Appropriate filing fee. is required.
.3. Permit Review
Theooara oTounny Comm!ssi oTrers hereby autftor i zes and -
empowers .the Public Works Division to receive and
review -permit-applications, col-rect fees; and issue
permits allowing the permittee to enter onto the public
right-of-wa"rth+n t -he -County r-0ad-system-to--perform
specified construction or installation. In reviewing
the -permit app l i cat -i -0n- the-Publ i -c -Works Di -rector shall
determine whether the proposed construction conforms to
all requirements of the County Engineering Standards,
laws, and ordinances. Permits shall be issued or
denied with reasons clearly stated in writing within
thirty (30) working days of receipt by the Public.Works
Director. In all cases every application is subject to
review and recommendation by the Director ofPublic
Works.
Section 310.09. Repair of Damage to County
—� or V -o aY
Where any. County road or tight -of -way s- damaged or
impaired: in any way, because of construction, installation,
inspect-t+on, repair wor"r--ingr-esslegres-s by -any person,
that person shall, at his own expense, promptly restore the
road -or r -i ght -o f -way -t -o- County Standards or--be-tt e -r . if the
person fails to make such restoration within 10 days .of
to charge .the ,cost thereof against the person, If the
person�fai Is to pa -y the cost, the County is authorized to
place a lien for the total amount of the repairs on the
person's real or personal., property. Said Iien procedures
sha.11.'folldw, to the extent applicable „ the hien procedures
of Chapter 713, F.S. Further, the County may ;initiate Code
Enforc.ement Boa,rcl ac ion when It deems i appro rta>e.
Section
310.110 Unperm i tted-t6nst rr e t1 an
A. Al I cons# r-uc-ti on wl th-ice-the--.x ight- o f�way--r-eclu1res a
permit.
R_ "—has—been--determined-that unpermitted construction
has taken place, the party responsible will be subject
to apenalty as adopted by the Board o'f County
Commissioners. In addition, any unpermitted
construction not built in accordance with appropriate
Indian River County Ordinances, Standards and
Comprehensive Plan shall be removed and the
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right-of-way restored to its original condition by the
party responsbile for the unpermitted condition.
C. Failure to properly restore the right-of-way within
ten days of written notice will result in the County
conducting this work and charging the cost thereof to
the res-ponsible p -arty - Fa -i lure to pay-th_i-ssQst wi I I
result in the placement of an appropriate lien on the
responsible party's real or personal property.
Section 310.11 Performance Securit
A. Secur i ty bond sha I I be posted to secure comp) et i on of
all construction or installation commenced, pursuant to
a permit under this ordinance, except for construction
f do i veways not-rega ir-i ng -a roadway-modtf i ca t i on, for
utility placement by utility companies having a valid
franchise to operate in Indian River County, for
drainage structures serving single family residences
located in ditches parallel to the roadway, and
pedestrian bikepath facilities. Security bond shall be
posted in the amount of one hundred fifteen (115%)
percent of the estimated costs of the
proposed improvements in the right-of-way. The
estimateall ee p�c_by an engineer registered in
the State of Florida to practice professional
engineering. Upon completion and approval by the
Public Works Director of all required improvements,
ninety (90%) percent of the, posted security will be
released by the Public Works Director. A ten (10%)
percent warranty security will be held for an
additional twelve (12) months, following .which time, if
all i-mprovement-s are free of defects due to fauLty
field engineering, workmanship, or materials, this ten
(10%) percent security will be released by the Public
Works Director.
B. In lieu of the above security, the permittee may post
in an escrow account one hundred fifteen (115%) percent
of the estimated cost of the improvements in the
right-of-way. Partial release may be authorized (up to
ninety (90%) percent of the posted security) as work is
pprovied. Tire-Tema-ming-terr-( Ior percent-wi-I I be -heir
for an additional twelve (12) months, following such
time, if all improvements are free of defects due to
faulty field engineering, workmanship or materials,
this ten (10%) percent of the security will be released
by the County Public Works Director.
Section 310.12 Permit Expiration
All construction authorized by a right -of -way permit
shall begin within 90 days of issuance unless otherwise
authorized by the Director of Public Works.
Section 310.13 Termination of Use or Removal of Object
Notwithstanding any section of this chapter to the
contrary, the C,ounty may terminate any certain use allowable
or under-permit_or-r-equ_ire_t-he_owner_or nermLttee- t9 -remove
any object allowable or under permit, if it is determined
that it is in the public interest to have such use
terminated or object removed. Such objects shall be removed
as soon as practicable with a time limit to be established
by the Director of Public Works. Failure to comply will
result in the permittee being subject to penalties as
described in Section 310,15.
Sec -tion -310.14 Pub-I-ic FrD-tee-t+on-and-Liab-N-ity
1. Whenever any of the public rights-of-way are used
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under the terms of this ordinance the person so using them
shall take necessary precautions, including illumination,
for protection of the public with particular emphasis on the
period from sunset to sunrise. The persons so using the
public rights-of-way as a condition of that use agree to
hold -and save the County harmless -from any-andal-I-J-i_abLLLty
tout may ar se out-of"th use o7any public rights-of-way as
provided in this chapter or by permit.
2. The user agrees and is bound to hold Indian River
County whole and harmless against any and all claims for
damages, costs, and expenses to persons or property that may
arise out of, or be occasioned by the use, occupancy, and
maintenance of the public right-of-way, or from any act or
omission of any representative, agent, customer, and/or
emp-I o yee--o-f the -its er �i s -user s ha -1-I--& I s -o - b e r espon stb Fe
for any claim for damage that any utility, whether publicly
or privately owned, may sustain or receive by reason of
user's use of the public right-of-way and improvements and
equipment located thereon. User shall not make any claim of
any kind or character whatsoever against Indian River County
for damages that it may suffer by reason of installation,
construction, reconstruction, operation, and/or maintenance
of any public improvement, or utility, whether presently in
p I ace or which may in tt�re be constructed or
installed, including but not limited to, any water and/or
sewer mains and/or storm sewer facilities fiber optic
cables, and whether such damage is due to flooding,
infiltration, natural causes, or from any other cause of
whatsoever kind or nature. It is the intention of this
section, and a condition of any permit, that it shall be
full and total indemnity against any kind or character of
claim whatsoever that may be asserted agains-t Lndi-n River
County by reason of, or as a consequence of having granted
permission to a user to use and/or maintain a public
right-of-way. User is required to defend any and all suits,
claims, or causes of action brought against Indian River
County on behalf of the County and pay any judgment or
judgments that may be rendered against County in connection
therewith,
Sect-ron-3t-0-13 PenaI Ly- -
Violation of any of the provisions of this ordinance
shall be punishable by a fine schedule to be established by
resolution of the Board of County Commissioners or as
provided in Section 100.05 of the Code. Each day any
violation of any provison of this chapter continues shall
constitute a separate offense.
Section 310.16 Fees
All permits for construction within the County
right-of-way require a fee to be submitted along with the
application except for franchised utility companies.
The fee schedule shall be established by resolution of
the Board of County Commissioners.
Section 310.17 Dedication
Nothing in this chapter shall be construed as creating
an obligation upon Indian River County to perform any act of
construction or maintenance within any dedicated areas.
Section 310.18 Traffic Control Devices
The Di -r, c4o-r o-f-Pub++c-Warks-steal-oma+ntaAn-or-cause-to
be maintained a ledger reflecting the installation of all
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traffic control devices in the unincorporated area of the
County. Semi-annually the Director shall present to the
Board of County Commissioners a resolution containing the
commulative ledger for Commission approval. Traffic control
devices installed during the interim period arevalid until
such time as the Commission accepts or re_ s the
installation at the semi-annual review.
Section 310.19 Right-OLWay Drawings
Figure 1 through 6 on the following pages are to be
used as standards for construction within the County
right-of-way. Detailed specifications methods and
procedures may be found in the publications listed in
Sec f i con -34-0 . H --f t-his—Grd+na nc e
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MINIMUM WIDTH OF CLEAR ZONE
DESIGN SPEED, MPH
rs
TYPE & 30 35 iD 60
Of a ow 55 &
Above
FACILITY
`From face of curb,
"On projects where the r foot
and otheralternatives orft nimum—off$�anhet-ge re
e deemed .impractical, the minimum Jrabtaned
to 2} met. may be reduced
°Use Rural for Urban facilities when no curb & gutter is present,
0° Curb and Gutter not to be used on facilities with Design Speed>45mph,:
Note; ADT in Tape g1--12-refers—t0 6esign -rear—AQi:
The Clear Zone refers to the Unobstructed, relatively flat area provided
beyond the edge of the trove/ed way for the recovery of errant vehicles.
INDIAN RIVER 11 PATE. I
WUN I T �T-ANDARQ ROAD DETA11 FIGURE --V
_ 01-91
ENGINEERING REVISION EDGE OF ROAD
DEPARTMENT CLEAR ZONE RESTRICTIONS
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MINIMUM CLEAR ZONE, FEET
RURAL'
14 Arterials 14 Arterials to Arterials 24 Arterials
Local olterturs & Collectors r Collectors
6 Collectors 6 Local /0 ColleatatS ADT< 1500 ADT < 1500 AOT < IWO ADT < 1500
b Collectors !4 Artgrials
4 Arteriola 4 Arterials !8 Arterla/s 18 Arterials 24 Arterials :0 Arteriols
& Collectors & Collectors & Collectors & Collectors
ADT 21500 ADT 21500 ADT 21900 ADT >1500
URBAN
4 4 * 4 * * 4 # * NIA 00 N/A 00 N/A 00
`From face of curb,
"On projects where the r foot
and otheralternatives orft nimum—off$�anhet-ge re
e deemed .impractical, the minimum Jrabtaned
to 2} met. may be reduced
°Use Rural for Urban facilities when no curb & gutter is present,
0° Curb and Gutter not to be used on facilities with Design Speed>45mph,:
Note; ADT in Tape g1--12-refers—t0 6esign -rear—AQi:
The Clear Zone refers to the Unobstructed, relatively flat area provided
beyond the edge of the trove/ed way for the recovery of errant vehicles.
INDIAN RIVER 11 PATE. I
WUN I T �T-ANDARQ ROAD DETA11 FIGURE --V
_ 01-91
ENGINEERING REVISION EDGE OF ROAD
DEPARTMENT CLEAR ZONE RESTRICTIONS
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WITHOUT CULVERT
tVER-
EXISTIN
EXISTING ASPHALT-r-- 4" XPANS
2 " x�
ROAD SURFACE Al PROPERTY LINE
3000-P-S-1 C01VCR>=T — — 6�s_6x1Dx-1Q-Wf-LD-E
WIRE MESH
I L MI
E-SID€NT}AL-T+t /�_t
DMMER�IA� 6" THICK — 1
— DISTANCE
6�LIMERDCK-,S ---- '
OR MARL BASE COM_
PACTED TO 9 � % - - . — — --
DENSITY (AASHTO T180) )
.
LOCAL
SECONDARY COLL.
PRIMARY—'-COL ,,
ARTERIAL
1�I
�
I
FIGURE 2 A
TPI— C U-LV-ERT
SAW Cw UT--REf$D- AT -CRO
EXISTING ASPHALT- 1/2 it x 41 EXPANSION JOINT
OAr_SkJRFACE 6x 6xI0xIO WELDED
3000-psi CUNCRETE IR-E ESH
RESIDENTIAL-4 TH1 CK ED CHIP 1211 MIN, DIA.
COMMERCIAL- 6" THICK
10' MIN M_IN SE-T-BA_C-K
6" LIMEROCK_,_5_HELL, OR
19
MARL BASE-COMPACTEDPROPERTY LINE
TO 95% DENSITY
(AASHTO TI80)
-_- - -
MIN OF 2' IS TO
_--_-
EXTEND BEYOND ASPHALT COATED
l L DRIVEWAY - - - PICC-U LVER
Jul �N� it
Di' I�01�EA CI�STD - Lit am.
MITERED END REQUIRED
ITFRIN CLEAR ZONE
F I G-URE 2 B
DLA_N RAVER -DATE TA-NDARD—ROAD—DETAIL f'IGUR' c'
COUNTY 2-86 RESIDENT�Ak
NGINEERI REVISION rP_[UL___CMCRETE
12-86
EPARTMEN01---91-- DRIVEWAY CONSTRIJCTIQW
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EXISTING ASPHALT -J
ROAD SURFACE
M I N. -T I -C Kt
ASPHALT WITH
RIGHT OF WAY
WITHOUT CULVERT
�----6' M I N ----�1
6" LIMEROCK, SHELL, OR
MARL BASE COMPACTED
TO 95% DENSITY
(AASHlO T180)
PROPERTY LINE
450 2' LOCAL
4' SECONDARY
1
I 3 E
8' ARTERIAL
FIGURE 3 A
rr i I n UU LV tK I MATCHING GRADES SEE
STANDARD INDEX #515
EXISTING ASPHALT X 6" LIMEROCK, SHELL, OR
R-O-AI�-- S U R FAC E
� �' MARL BASE COMPXCTED
TO 95 G SITU
MIN., I" THICKNESS (AASHTO T180�)
ASPHALT WITHIN\—FDOT APPROVED C.M.P. 12" MIN. DIA.
RIGHT OF WAY
II MIN. 5' MIN. SETBACK
PROPERTY LINE
MIN, OF 2' IS TO
EYON D �A�TQATE D
NOMINAL DRIVEWAY PIPE CULVERT
WIDTH ON EACH SIDE MIN. 12" DIA.
MITERED END IF -M
CLEAR ZONES.
FIGURE 3B
INDIAN RIVER DATE STANDARD ROAD DET e11
COUNTY 6-86 RESIDENTIAL
ENGINEERING REVISION TYPICAL ASPHALT
12-86
DEPARTMENT =�9I --])-RIVEWAIr' CONSTRUCTI
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Gcre•raI NotesDitch
Width (W)f 4':
Surface--- -- Base and backfill m ate-
Surface Reploceentwi
mrials shall be eitner of
Jarc11 "W
-Cpm-ent—B-Cs ►re—same type and com;r-
Surface '' si materials,..
removed, or of equal or
�� .! ►— greater structural adoquac
Materials contaminate
(i wi tf;
'�i deleterious
L��.y ; substance,. diur•-
L5 S_PP I nrn
_ r� � �i
--� iFva-flan siia
not br•
Criteria used. ,
dr
--' Replaced base material over
'Dia. Vanes ditch shall be twice the
thickness of the original
a 12°Varies
_
ai.
I2 " '14in.
o Base material shall be
cid W placed in two or three
layers and each layer
REPLACEMENT OF FLEXI9LF thoroughly rolled or
rpe�PAVEMENT—FOR PERMITTED denssite'nit to e—sperifred
dy.
J
Asphalt concrete pavemel,t
DENSITY PROCEDURES: joints shall be mechani-
cally sawed,
The bat ' e l r:. t and
second stages shall Surface treated pavcment
In 6" layers (compacted)t`)ick_ joints s^,all be lapped
ness) and shall be compacted ' and feathered.
to 100" of maximum density as
determined by AASHTO T-99, Surface material wtill be
coos i-s tent-wf th—t#�
S'-age1 existing surface.
The permittee shall provide
adequate compacted fill beneath SAND-CLAY, SHELL, [TC.
RASEROCK,
the haunches of the pil)2, using RASES:
mechanica> temps—s�itatrYefor -
this purpose. This com 6" Layers Compacted
applies to the material planedets
nsity Requirements:
beneath
the haunches of the pipe
and above any bedding required'. 98% Under Roadway
Sta a #2 95% Outside the Traveled Roadway,
Such as Intersections
The n-misi
vers, urnouts, etc.
shall itwell-compacted bed
andtain fill
along the sides of the pipe 95% Shoulder Pavement
and to a point indicating t
top of sub-grade mater- "i•:?thod A4SHTn T-T BG
==-- STANDARD ROAD &FTA/L , RE 4
COUNTY
REVISION REFLACEMEN7 OF ASPHAL T PA VEM£NT
ENC/N£FR/NG
D£PARTA!£NT -- FOR PERMI17,0 PA VEMENT CUT
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—SIDEWALK
_ �L�►f IES
cv
w
---
XPANSICN—JOINT —
— SAW—GUT
�
C
5'
FLAG
5' FLAG
5' FLAG5'
Fl AG
5FI�G_5'
FSG
N6Tf S:
_
30'
SECTION A-A
-----N.Ta. —
1. THICKNESS OF SIDEWALK AT DRIVEWAYS
NfMUM OF 6"_THTCK�__
2. REFER TO D.O.T. SPECIFICATIM—FOR
MATERNAL DATA.
a -
CV
FIN H _
GRADE111
1'
INDIA
COUNTY
INE-Ei�►NC�
DEPARTMENT
FILL
TE:
01 _9
� -
SLOPE 1/4' PER FOOT'— LL
:Ml cv
FINISH GRADE
5' MIN. oil
FIGURE 5
STANDARD ROAD DETAIL FIGUR
IDEWALK CONSTRUCTION
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Y•
"
c
r
DITCH WIDTH (W) + 4'
JOINTURFAC SURFACE REPLACEMENT
JOINT
SAW UTCONC.REPLACEMENT BASE
SURFACE -� -�
ME GENERAL
•,�� .>• 'd -. NOTE #- H
coLIMIN.
NCH- WALL F CELL
REPLACEMENT BASE
MUST TOTACL1f-00
}`
STD. INDEX FOR
WIDEST EXTENT—GE—:(r
REQ _MIN. COVER REQUIREMENTS
TENCH AT TOP,PLUS,
DIA. VARIES
5 EACH SID ,
� 12
�Rl
w
0
G -U R -E '6
DENSITY PROCEDURES
GENERAL NOTES:
3c),ii 1 tor the first and second 1. 3000 lbs.
tage;s�ha].�be / in, concrete -r -ay
� -m -i ayers
- use of High Early Strength Cement,
(ccrpacted thiel es�� d Shali o
scs) ,
used or rep .acerrpnt , or
be canpacted to 100% of maximudiem otl,Pr-�pravee�h3�krstrengtt;,
my as deteffi
ned by AASHM
_cam fast set materials.
STAGE ;#1 cre e pavement joints
shall -be -mechanically -saved .
Th" Perm, ittee-shrall--previde adequate 3. Backfill materials shall be
c('Wcted fill beneath- the -haunches -of
of the i either the same type and ccnr
p pe, using mechanical tams
position as the materials-remov
suit" -e o this �pose. This or of equal or
great_-er structural .
coact ion—applies to th_--ma.eria
Placed beneath the e�''tls contaminated
haunr_hesothewith-deletrious Substances
dur,inq
pipe and above any bedding required. vation-excavationl not -be -use •
STAGE 9'
. Surface treated pavement joints
The 1 --m tt�eaae shaJ_l--ob ain a well t coater sealed.
Cu41x.1ed' and f]l—awes Sl]rfaie--matP,r�E�� —U -11L._
Of the pipe and to a point indicating sistant with existing surfacellthe _
got� rf 'che concrete base
tial
R1� DATE STANDARD ROA rlGURE 6
COUN -86
-- -REVISION----REPLACEMENT -@f CONCRET PAV T
ENGINEERING 01-91_
r
EPARTMENT FOR PERMITTED PA CUT
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