HomeMy WebLinkAbout2012-023ORDINANCE 2012-023
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); AMENDING CHAPTER 901,
DEFINITIONS, BY DEFINING COMPENSATORY STORAGE AND NORTH AMERICAN
VERTICAL DATUM; AMENDING CHAPTERS 901, 913, 914, AND 930 BY REVISING
ELEVATION REFERENCES FROM NATIONAL GEODETIC VERTICAL DATUM TO
NORTH AMERICAN VERTICAL DATUM; 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) BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Chapter 901, Definitions, Section 901.03, Definitions in alphabetical order, by
creating a definition of "Compensatory storage" and by revising the definitions of "Elevation"
and "Mean sea level" to read as follows:
Compensatory storage floodwater storage volume created on a development site to
offset the volume of floodwater storage displaced by development on the site within a
floodplain.
Elevation height in feet expressed in relation to mean sea level and referenced to the
N +' l r a tie Veto ea riatu (NGVD) North American Vertical Datum 1988 (NAVD88).
Mean sea level means the average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within a floodplain. For purposes of County Go4e
Chapter -9-30 Land Development Regulations, the term is synonymous with Na&aal r eodetie
Vet4ieal Datum (NGV North American Vertical Datum 1988 (NAVD88).
North American Vertical Datum 1988 M VD88) a fixed reference for elevations
determined by geodetic leveling It is the adjustment of geodetic leveling observations in the
United States, Canada and Mexico in the height of the primary tidal bench mark. It is the
replacement datum for National Geodetic Vertical Datum 1929 (NGVD29).
SECTION #2:
Amend LDR Chapter 913, Subdivisions and Plats, Subsection 913.07(5)(B), Plans and
specifications required for land development permit, to read as follows:
(B) Plans and specifications required for land development permit. The applicant shall furnish
to the public works director or his designee the construction plans and specifications
designed in accordance with the approved preliminary plat and the requirements of this
chapter for the construction of all improvements. The applicant shall also furnish a complete
land development permit application form as furnished by the public works department, and
shall submit the review fee established by the board of county commissioners by resolution.
The applicant must have obtained and shall submit copies of all jurisdictional agency
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ORDINANCE 2012-023
permits, and all utility permits and franchises required by the Indian River County utility
division prior to the issuance of a land development permit. All construction plans and
specifications must be prepared, signed and sealed by a professional engineer who is
registered in the State of Florida. Engineering calculations and tests in support of any of the
proposed plans and specifications may be required. The drawings and required information
shall be so complete that review and analysis can be made from them without research of
any outside data. Five (5) copies of the plans shall be submitted on twenty -four -inch -by -
thirty -six-inch sheets unless another size is approved by the county public works director,
and shall contain, but shall not be limited to:
1. A cover sheet, including a location map;
2. Complete details including water, sewer, and storm drainage system. The
proposed general location of wells and septic tanks shall be in conformity
with the requirements of the Indian River County health department and all
state and local ordinances;
3. A master stormwater management and flood protection plan and complete
calculations and exhibits as required by Chapter 930;
4. Construction details showing compliance with county standards or alternate
design as approved by the county public works director;
5. Special profile sheets, if necessary, showing special or unique situations;
6. Benchmark location, based on National r, a *' Veftieal Data
North American Vertical Datum 1988 (NAVD88);
7. Soil analysis, showing the locations and results of test borings of the
subsurface condition of the tract to be developed, when required by the public
works director. Soil conservation service information may be used when
available. Where impervious soils or muck are encountered, the plans shall
reflect a satisfactory design to cope with such conditions;
The plans shall contain the special conditions and specifications pertaining to
the subdivision in note form on the plans, such as:
a. Required compliance to the subdivision requirements;
b. Where applicable, required compliance with state standards as
currently adopted and in use;
C. Minimum standards for materials;
d. Test requirements for stabilization, base and backfill;
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e. Source of water and sewer services;
f. Traffic -control devices and pavement markings.
9. The plan and profile of each proposed street and improvement to existing
streets such as deceleration or turn lanes (indicating the existing ground
surfaces and proposed street grade surfaces including extensions for a
distance of fifty (50) feet beyond the tract boundary) with tentative finished
grades indicated, and lot grading plan and including easement work, clearing
and grubbing, and structural details of facilities in right-of-way;
10. A typical cross-section of each type of proposed street or bikeway, showing
the width of pavement, the location and width of sidewalks, where required,
and right-of-way;
11. Proposed erosion control facilities and the limits of earthwork construction,
both as to final construction and for protection during construction;
12. Plans for street lighting landscaping, parks, recreational areas and parking
area. The plans shall have applicable approvals of all governmental agencies
which are affected by the construction and have jurisdiction;
13. Projects engineered by more than one firm shall be coordinated by a single
engineering firm or an engineer of record appointed by the developer;
14. A certificate from a surveyor registered in the State of Florida that a
permanent or temporary reference marker has been located in the public
right-of-way at a corner point of the subdivision near the entrance way of the
proposed subdivision. The reference marker shall be identified on the plat of
the subdivision and shall be used to establish the grade level for all
improvements in the subdivision;
15. Where the design of the subdivision includes man-made canals or waterways,
plans of the proposed construction will be included and shall indicate:
a. All bulkhead lines;
b. Detailed cross-sections showing existing and proposed depths;
Location of hard pan, muck or other unique soil conditions; and
d. Details of bulkhead construction.
16. Developer shall submit to the community development department copies of
the applications to or permits from all other permitting agencies that are
applicable to the project.
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17. The land development permit drawings shall depict all proposed site
improvements associated with the subdivision project. Amenities that are
shown but not required by the county or other jurisdictional agencies shall be
clearly labeled in bold print as "Not required, optional."
SECTION #3:
Amend LDR Chapter 914, Site Plan Review and Approval Procedures, Subsection 914.14(9),
Criteria for required surveys, to read as follows:
(9) Criteria for required surveys.
(a) Certified survey of the site, including property boundaries and their dimensions.
(b) Existing topography with a maximum of one -foot contour intervals, based upon
eeast geed-efie d North American Vertical Datum 1988 (NAVD88).
(c) Limits of one hundred year (100) floodplain and/or coastal flood velocity areas (V -
zones), as shown on the most recent Federal Emergency Management Agency
(FEMA) maps.
(d) Location of coastal construction control line and dune stabilization setback line, if
applicable.
(e) Existing right-of-way width of all adjacent roadways and setback lines. The roadway
shall be located within the right-of-way.
(f) Location and explanation of any existing easements.
(g) Location and dimensions of any existing structures on the site, and any parking or
loading areas.
(h) Location and width of existing on-site roadways and rights-of-way.
(i) Specific boundaries, and acreage of wetlands and other environmentally sensitive
areas, where such areas exist on-site.
0) Location and size of all existing natural and manmade waterbodies.
(k) The location, size and type of all protected trees on-site, pursuant to the requirements
and provisions of Chapter 927, unless the location of protected trees are otherwise
depicted within the application materials in a manner acceptable to environmental
planning staff (such as the development depicted on an aerial photograph) pursuant
to the provisions of Chapter 927.
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SECTION #4:
Amend LDR Chapter 930, Stormwater Management and Flood Protection, Subsection
930.07(2)(a)3, to read as follows:
The community development department shall review all permit applications
to determine whether the proposed building sites will be reasonably safe from
flooding. If a proposed building site is in a flood -prone area, all new
construction and substantial improvements shall:
a. Be designed or modified and adequately anchored to prevent
floatation, collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
b. Be constructed with materials resistant to flood damage for any
portion of the building that is elevated less than one-half (0.5) foot
above base flood elevation;
C. Be constructed by methods and practices that minimize flood
damages, and;
d. Be constructed with electrical equipment, heating equipment,
ventilation equipment, plumbing equipment, air conditioning
equipment and other service facilities, including ductwork, that are
elevated one-half (0.5) foot or more above base flood elevation so as
to prevent water from entering or accumulating within the
components during conditions of flooding. Where equipment is to
be installed on a pad, the top of the pad elevation shall be elevated
to one-half (0.5) foot or more above the base flood elevation.
SECTION #5:
Amend LDR Chapter 930, Stormwater Management and Flood Protection, Subsection
930.07(2)(d), to read as follows:
(d) An equal volume of storage capacity must be created for any volume of the base
flood that would be displaced by fill or structures except for the following instances:
1. Those development projects within the one hundred -year floodplain along the
Indian River Lagoon when granted a waiver from the cut and fill balance
requirements by the board of county commissioners. In the one hundred -year
floodplain of the Indian River Lagoon, an equal volume of storage capacity
must be created for any volume of the base flood that would be displaced by
fill or structures below elevation four- '^�e+,Va two and one-half (2.5)
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feet NAVD88, or the ten-year flood elevation which has been determined by
FEMA, whichever is greater. The board of county commissioners may, in its
discretion, grant a waiver from the provisions of this subsection upon the
affirmative showing of the applicant, by means of a competent engineering
study, that the development project is situated in an estuarine environment
and that the development project, as designed, will meet all other
requirements of the stormwater management and flood protection chapter and
will not create a material adverse impact on flood protection on other lands in
the estuarine environment.
2. For subdivided lots of less than one (1) acre in area that existed prior to July
1, 1990. At such time as the county may create or cause to be brought into
existence a stormwater utility, or other entity charged with managing
drainage concerns the requirements of this section will apply for lots less than
one (1) acre in area existing prior to July 1, 1990, if the utility or entity has
the authority to compensate for fill added in floodplains by administering a
program that causes compensation for fill added on individual lots to be
mitigated by contribution to an off site mitigation fund for a central facility or
facilities, owned by the county, the stormwater utility, or other entity.
3. Those development projects, located in the St. John's Marsh and within either
the Terra Ceia, Holopaw, Delray, Canova, Gator= or Floridian soil types (as
described in the United States Department of Agriculture Soil Conservation
Service Soil Survey of Indian River County, latest edition) for which a cut
and fill waiver has been granted by the board of county commissioners. The
board of county commissioners may, in its discretion, grant a waiver from the
provisions of this subsection upon the affirmative showing of the applicant,
by means of a competent engineering study, that the development project, as
designed, will meet all other requirements of the stormwater management and
flood protection chapter and will not create a material adverse impact on
flood protection.
4. Development located within the Vero Lake Estates Municipal Services
Taxing Unit as referenced in Ordinance No. 84-81, for which a cut and fill
waiver has been granted by the board of county commissioners. The board of
county commissioners may, in its discretion, grant a waiver from the
provisions of this subsection upon the affirmative showing of the applicant,
by means of a competent engineering study, that the development project, as
designed, will meet all other requirements of the stormwater management and
flood protection chapter and will not create a material adverse impact on
flood protection.
No structure or fill shall be permitted within the limits of the floodway of the St.
Sebastian River, South Prong except as provided by 930.07(2)(b)14.c.
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SECTION #6:
Amend LDR Chapter 930, Stormwater Management and Flood Protection, Subsection
930.07(2)(h), to read as follows:
(h) If any lot in a residential subdivision lies within a flood hazard zone, then the
following additional standards apply to approval of the preliminary and/or final plat,
as applicable:
1. Each lot depicted on a preliminary and final plat must include a site suitable
for constructing a residential building in conformity with the standards of this
chapter.
2. Two (2) or more elevation benchmarks must be established on actual exterior
plat corners and indicated on the final plat. Said elevations must be
referenced to the
eetinty North American Vertical Datum 1988 (NAVD88) and shall be
calculated to within one-hundredth (0.01) foot. A note shall be placed on the
final plat, stating the published origin of the datum and elevations.
3. 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 during a 100 -year base flood event.
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."
4. The following information shall be included on the final plat: boundaries of
flood zones; base flood elevations; the date and panel number of the
applicable current flood insurance rate map; and a notation, if applicable, that
a letter of map revision had been applied for prior to final plat approval, but
has not yet been granted.
SECTION #7: 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.
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SECTION #8: 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 #9: 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.
SECTION #10: 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 O'Bryan, seconded by Commissioner Solari, and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice Commissioner Peter D. O'Bryan Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Bob Solari Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Gary C. eeler, Chairman
TEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY:
Deputy Clerk
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ORDINANCE 2012- 023
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AIC ; Commu evelopment Director
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