HomeMy WebLinkAbout2012-027ORDINANCE 2012-027
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS
TO CHAPTER 928, WETLANDS AND DEEPWATER HABITAT PROTECTION, BY
AMENDING DETERMINATION OF WETLANDS AND DEEPWATER HABITATS
DELINEATION AND FUNCTIONAL VALUE SECTION 928.04; AND BY AMENDING
ACTIVITIES SUBJECT TO REGULATIONS AND RESTRICTIONS SECTION 928.05, AND
BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION;
SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 928, WETLANDS AND DEEPWATER HABITAT
PROTECTION, BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 928.07, Determination of wetlands and deepwater habitats delineation
and functional, to read as follows:
(1) The definition of wetlands and deepwater habitats shall be based upon the
publication "Classification of Wetlands and Deepwater Habitats of the United States" (Cowardin et
al, 1979), and shall be consistent with the broadest jurisdiction of federal, state, and regional
regulatory agencies. (see Chapter 901, Definitions, County Land Development Code).
(2) Representatives of the Department of Environmental Protection,
U.S. Army Corps of Engineers, and the St. Johns River Water
Management District, Soil dWa4er- Geasenla4ie r -i *, Fier -id r '' Frieshwatef Fries''Fish
Commission, U.S. Fish and Wildlife Sefviee, F -PAC Division of For-estfy, ladian River- Gettnt-y
M,.sgti to Cent+el Distr et, and/or other applicable agencies will be contacted for assistance in
identifying the extent and functional values of wetlands and deepwater habitats.
(3) USFWS National Wetlands Inventory Maps (1984), submergent aquatic vegetation
inventories, infrared aerials and property appraiser aerials shall be utilized for general identification
of wetlands and deepwater habitats in Indian River County. It is recognized, however, that such
graphic sources do not depict the full extent of wetland and deepwater habitat delineations and
function characteristics. Wetlands and deepwater habitats shall be identified by survey at the time of
site development review on a site -by -site basis.
(4) Factors to be considered in evaluating the present or future functions and values of
wetlands and deepwater habitats shall include, but not be limited to:
(a) Relationship to similar or complementary habitats,
(b) Proximity to adjacent urban land uses,
(c) Degree of disturbance or invasion by exotic plant species,
(d) Importance to wildlife species, including aquatic species (as applicable),
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ORDINANCE 2012-027
(e) Frequency and length of inundation, and
(f) Degree of flushing or tidal influence (applying to estuarine wetlands).
SECTION #2:
Amend LDR Section 928.05, Activities subject to regulations and restrictions, to read as
follows:
(1) No activity shall be allowed that results in the alteration, degradation, or destruction
of wetlands or deepwater habitats except when:
(a) Such an activity is necessary to prevent or eliminate a public hazard, provided
wetland and deepwater habitat functional loss is unavoidable and minimized; or
(b) Such an activity would provide direct public benefits which would exceed the loss of
wetland or deepwater habitat functions and values, provided there is a public need,
and wetland and deepwater habitat functional loss is unavoidable and minimized; or
(c) Such an activity is proposed for wetlands or deepwater habitats in which the
functions and values currently provided are significantly less than those typically
associated with such habitats and cannot be reasonably restored, and preservation of
the habitat is not in the public interest.
(2) Mitigation shall be required for any activity that results in the alteration, degradation,
or destruction of wetlands or deepwater habits, as provided for in Section 928.06 of this chapter.
Mitigation required pursuant to this chapter shall be consistent with the Uniform Mitigation
Assessment Method (UMAM) set forth in Florida Administrative Code Chapter 62-345, as
may be amended.
SECTION #3: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #4: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
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ORDINANCE 2012- 027
SECTION #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 9th day of June, 2012, for a public
hearing to be held on the 19th day of June, 2012, and on the 30th day of June, 2012 for a second
public hearing to be held on the 10th day of July, 2012, at which time it was moved for adoption by
Commissioner 01Br3Zan , seconded by Commissioner. Solari , and adopted by
s
the following vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Y:
Gary C. W eler, Chairman
TTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: Qeet_
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
f Alan Polackwich, Sr., County Attorney
APPRAVED AS TO PLANNING MATTERS
bert M. Keating, XIC f, Comm> "y Development Director
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