HomeMy WebLinkAbout2012-018ORDINANCE 2012-018
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO
ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO
CHAPTER 913, SUBDIVISIONS AND PLATS; AND CHAPTER 914 SITE PLAN REVIEW AND
APPROVAL PROCEDURES, BY AMENDING PROCEDURES AND REQUIREMENTS FOR
SUBMITTING AND PROCESSING SUBDIVISION APPLICATIONS SECTION 913.07, BY
AMENDING DESIGN STANDARDS AND REQUIREMENTS SECTION 913.09, AND BY
AMENDING TIME LIMITATIONS ON SITE PLAN APPROVALS SECTION 914.08, 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 Sections 913.07(6)(B) Final Plat procedures, to read as follows:
(B) Procedure. No final plat application shall be submitted for approval prior to the
issuance of land development permit or land development permit waiver. The final
plat application shall be submitted on a form furnished by the planning division
and shall be accompanied by:
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21. The appropriate filing fee; and applieation-,
3. A eei4i fie to of ee„,.,.....oney eever-ing the ., „ to be ..lamed.
42. A certified cost estimate, wWhen required in conjunction with a construction
contract or maintenance agreement;. The a -certified cost estimate shall be
prepared by the developer's engineer and shall include the cost of surveying,
engineering and construction of all required improvements in substantially the
following form:
CERTIFICATE OF COST ESTIMATE
I, , A Florida registered engineer, License No. , do hereby
certify to Indian River County that a cost estimate has been prepared under my
responsible direction for those improvements itemized in this exhibit and that
the total cost estimate for said improvements is $ . This estimate has
been prepared, in part, to induce approval by the county of a final plat for the
Subdivision, and for the purpose of establishing proper surety
amounts associated therewith.
(Signature)
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(Name, Florida Registered Engineer
License No. )
(AFFIX SEAL)
or the actual contract price(s) may be substituted for the engineer's cost estimate.
For residential subdivisions, contracts for construction of required
improvements shall be limited to twenty-five (25) percent of all required
improvements, based upon the cost of improvements. [Note: the provision in the
preceding sentence shall apply to all complete final plat applications received
after June 15, 2005 and to all plat projects for which no land development
permit application was filed by March 15, 2005. All final plats approved after
September 20, 2005 shall comply with these "Section 1 " changes, regardless of
the date a complete final plat application was filed.]
53. Appropriate security for required improvements as specified in section 913.10 of
this chapter unless a certificate of completion has been issued by the community
development division;
64. Ten (10) copies of the final plat drawing showing required information and
certifications;
75. Security for maintenance of improvements meeting the requirements of section
913.10 of this chapter when a certificate of completion has been issued; and
improvements are dedicated to the county;
86. A copy of the property owners' association documents which accept the
responsibility for maintenance of all private streets, rights-of-way, easements,
recreation areas, stormwater management facilities or other improvements;
.97. A copy of the final protective covenants and deed restrictions, where such
covenants and restrictions are required or established by the applicant; and
4-98. All applicable informational requirements of section 913.07(6)(D) and (E) of
this chapter;
The community development director or his designee shall determine whether or not an
a final plat application is complete and can be routed for interdepartmental review. No
incomplete application shall be routed for review. The final plat application shall be
valid for a period of two years from the date it is filed with the planning division.
The community development director or his designee may grant a one year
extension of the application.
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SECTION #2:
Amend LDR Section 913.07(6)(d), Information required, to read as follows:
(D) Information required, (all information as required in Chapter 177.091, FS). The final
plat shall contain:
A title block;
2. The name of the proposed subdivision which shall not duplicate nor closely
approximate the name of any other existing subdivision in the county. If the plat
is an addition to an existing subdivision, it shall bear the same name as the
existing subdivision. For planned developments, plats shall contain "PD" within
the title;
3. The name of the county and state;
4. The legal description;
5. The date of preparation of the final plat and of any revisions;
6. A prominent "north arrow" on each sheet showing any portion of the subdivided
lands; also, the reference bearing or azimuth in the notes or legend;
7. The scale stated and graphically illustrated on each sheet;
8. An index sheet on page one showing the entire subdivision and indexing the
area shown on succeeding sheets. Each sheet must show the particular number
of the sheet and the total number of sheets as well as clearly labeled match lines;
9. The point of beginning shown together with the letters P.O.B. in bold letters
when a point of beginning is used in the legal description;
10. a. The initial point in the description shall be accurately tied to the nearest
government corner, and a second point shall be tied to a second
government corner. A certified corner record must be submitted to the
county surveyor and to the department of environmental protection for
each such corner, in accordance with Florida Statutes Section 177, Part
III;
b. Ties to at least two (2) Indian River County Horizontal Control Network
(IRCHCN) monuments shall be provided if any portion of the site to be
platted is within one (1) mile of one (1) such monument. This
requirement shall not apply to areas covered by a valid, preliminary plat
approved prior to June 1, 1995. Where such ties are required, state plane
coordinates shall be shown on the certified corner records. This
requirement to tie into the IRCHCN may be waived by the county
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surveyor for subunits or replats of plats that have already been tied into
the IRCHCN.
C. Ties to government corners and to IRCHCN monuments shall conform
to FGCC Third Order Class I standards and shall be so certified on the
face of the plat under the certificate of surveyor.
11. A location sketch showing the existing zoning and land use classification of the
subject site and of the adjacent property;
12. All adjacent property identified by the subdivision name, plat book and page
number; if not platted, so state;
13. Boundary lines of the subdivided tract shown as a heavy line;
14. County and city limit lines within or abutting the tract;
15. Permanent reference monuments and permanent control point locations as
prescribed in Chapter 177, Florida Statutes, and installed prior to submission of
final plat;
16. Survey data including all pertinent dimensions;
17. Lot and block identification. Each lot and each block shall be identified;
18. Street names;
19. The location and width of all existing or recorded streets intersecting or
contiguous to the boundary of the plat by bearing and distances;
20. "Not included" parcels to be labelled "not a part of this plat";
21. The intended use of all reserved areas shall be shown on the plat;
22. All areas within the plat boundaries labelled as either lots, rights-of-way, or
tracts. The use and maintenance responsibilities of all tracts shall be noted on the
plat;
23. All easements including limited access easements shall be graphically depicted
and dimensioned;
24. The following statements shall be noted on the plat in a prominent place:
"Notice: No construction, trees or shrubs will be placed in easements without
county approval,"
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Notice: There may be additional restrictions that are not recorded on this plat
that may be found in the public records of this county";
"Notice: Routine maintenance (e.g. mowing, etc.) of easements shall be the
responsibility of the lot/property owner(s) and not Indian River County," and
"Notice: Property owners are prohibited from planting any Caribbean fruit fly
and Asian Citrus psvllid (citrus greeningl host plants as specified hereien and
are required to remove the same if any exists: Cattley Guava, Common Guava,
Loquat, Rose Apple, Surinam Cherry, Orange Jasmine, and Chinese Box
Orange."
25. A three -inch -by -five -inch space in the upper righthand corner of each sheet to be
used by the clerk of the circuit court for recording information. The following
shall be depicted within said space:
PLAT BOOK:
PAGE:
DOCKET NUMBER:
26. No strip or parcel of land reserved by the owner unless it is of sufficient size to
be of some particular use or service or is environmentally sensitive; and
27. The boundary of the final plat having a mathematical error of closure not greater
than .01 foot. Any plat undertaking to establish a local tidal datum and
determine the location of the mean high water line or mean low water line shall
comply with the notification requirements of Florida Statutes Section 177.37;
28. All subdivisions abutting the Atlantic Ocean shall provide a note on the final
plat which states that individual or shared private beach accesses, must comply
with all standards of Chapter 932.
29. Information required by applicable Chapter 971 regulations for either
"subdivisions with special sideyards" projects or "small lot single-family
subdivision" projects.
SECTION #3:
Amend LDR Sections 913.07(7) Plat vacation requests, to read as follows:
(7) Plat vacation requests. LP -plat vacation requests shall be made through the planning
division on an applications form furnished by that division. The application shall be valid for a
period of two years from the date it is filed with the planning division. The community
development director or his designee may grant a one year extension of the application. A filing
fee established by the board of county commissioners by resolution shall accompany any request. The
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request will shall be reviewed by the technical review committee (TRC) as scheduled by the planning
division. Prior to the TRC meeting, the planning division shall notify (by regular mail) adjacent
property owners regarding the plat vacation request. Once the applicant has adequately addressed
all TRC comments, tThe plat vacation request will shall be scheduled for consideration by the board
of county commissioners in accordance with Florida Statutes Chapter 177.101, which governs plat
vacations.
SECTION #4:
Amend LDR Sections 913.07(8) Right-of-way abandonment requests, to read as follows:
(8) Right-of-way abandonment requests. A Rright-of-way abandonment requests are shall
be made through the planning division on an applications form furnished by that division. The
application shall be valid for a period of two years from the date it is filed with the planning
division. The community development director or his designee may grant a one year extension
A filing fee established by the board of county commissioners shall accompany any request. The
request shall be reviewed by the technical review committee (TRC) as scheduled by the planning
division. Prior to the TRC meeting, the planning division shall notify (by regular mail) adjacent
property owners regarding the right-of-way abandonment request. Once the applicant has adequately
addressed all TRC comments, the abandonment request will shall be scheduled for consideration by
the board of county commissioners in accordance with the Florida Statutes Chapter 336, which
governs right-of-way abandonments.
SECTION #5:
Amend LDR Section 913.09(5), Sidewalks, to read as follows:
(5) Sidewalks. The project developer shall be responsible for providing sidewalk
improvements along the project site's frontage on arterial, collector, and subdivision collector
roadways (also known as "thoroughfare plan roadways") in compliance with the Indian River County
Comprehensive Bikeway and Sidewalk Plan, and the required improvements regulations of the site's
applicable zoning district. Sidewalks shall also be provided on at least one (" side of all ..earls within
residential projects, and shall be known as "internal sidewalks." For residential projects with a
density of three (3) units per acre or more, sidewalks shall be provided on both sides of all
internal streets. For residential proiects with a density less than three (3) units per acre,
sidewalks shall be provided on at least one (1) side of all internal streets unless an alternative
sidewalk/pedestrian system is approved by the public works director or his designee and the
community development director or his designee. An approved alternative system shall provide
for convenient pedestrian access from project residences to common areas within the project and
to the existing and/or future off-site public sidewalk/pedestrian system. Residential subdivisions
and planned developments with lot sizes of four (4) acres or more are exempt from the requirement to
provide internal sidewalks.
(a) Specifications. All construction plans for required sidewalks shall be approved by the
county public works director or the director's appointed designee. All sidewalks shall be
constructed in accordance with the specifications listed in the comprehensive bikeway
and sidewalk plan and the following general specifications:
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1. Width: Be a minimum of five (5) feet wide, or wider if so specified in the
comprehensive bikeway and sidewalk plan, along all thoroughfare plan roads,
and a minimum of four (4) feet wide along local roads and internal roads.
Within subdivisions and planned developments, a minimum six-foot strip of
irrigated and sodded landscape area shall be provided between the curb and the
sidewalk. This area may be utilized for street tree plantings, or other landscaping
approved by planning and engineering, where non -mountable curbs are
provided. The method of irrigation shall be specified on the project's land
development permit plans and approved by planning and engineering.
2. Location: Be located outside the roadside recovery area unless protective
devices are provided (e.g. non -mountable curbs).
3. Accessibility: Have a curb cut and/or ramp at intersections, where required by
federal and/or state accessibility requirements.
4. Culs-de-sac: Be installed along the entire length of internal roadways, except for
cul-de-sac circles as specified below and except for cul-de-sac road segments
exempted under subsection 913.09(5)(b)2.c. Internal sidewalks are not required
around the circumference of roadway cul-de-sac circles. Where sidewalks are
required along a roadway which terminates in a cul-de-sac and sidewalks
following the circumference of the cul-de-sac circle are not proposed, the
sidewalks shall terminate into the cul-de-sac circle pavement utilizing a design
approved by the public works director or the director's appointed designee.
5. Function: Be designed to provide pedestrian access from residences to common
recreation/community areas and to the public sidewalk system external to the
project. Where a project's internal sidewalk system is designed to connect to the
external public sidewalk system through an adjacent project, the applicant for
the "dependent" project shall coordinate with the applicant/owner of the adjacent
project to ensure that the design and construction of the sidewalk system
interconnection is properly coordinated and accurately reflected on the project's
land development permit drawings.
(b) Provision. The developer shall be required to provide for construction of required
sidewalk segments as follows:
1. Sidewalk segments along thoroughfare plan roadways.
a. Exemptions.
i. The developer is exempted from providing a sidewalk segment(s)
along an unpaved thoroughfare plan roadway if the roadway is
not scheduled for improvement on the county's twenty-year
roadway improvements plan schedule.
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ii. The developer may be exempted from providing a thoroughfare
plan roadway sidewalk segment(s) by obtaining a determination
from the public works and community development directors that
the need for a sidewalk segment(s) along the adjacent
thoroughfare plan roadway is precluded by physical or design
constraints.
b. Method. When required to construct or provide a required thoroughfare
plan roadway sidewalk segment, the developer shall:
i. Construct the required sidewalk segment(s) i
if construction can satisfy the design and
safety criteria of subsection 913.09(5)(a), as determined by the
public works director or the director's appointed designee, or. As
aR altema4ive, the developer- may
H. Obtain the public works director's approval to delay
construction by "bonding -out for construction" of the segment(s)
as described in subsection 913.09(5)(b)l.c. as .,ppr-eved by the
publie works dir-eetef, or
ii_i. Obtain approval of the public works director to tTransfer to
the county the obligation to construct the required sidewalk
segment(s) by providing a cash payment of funds equal to one
hundred (100) percent of the estimated cost to construct the
required sidewalk segment(s) and executing an agreement for the
transfer of responsibility for required improvements.
The developer shall be responsible for clearing and grading the
intended location of the required sidewalk segment(s) at the time
clearing and grading for the development project is performed.
The value of such clearing and grading shall be reflected in the
cash payment amount provided by the developer. The cleared
path shall be approved by the public works department and shall
be selected so as to maximize tree preservation while maintaining
compliance with the sidewalk design specifications listed in
subsection 913.09(5)(a).
C. Timing. The developer shall be responsible for providing the required
thoroughfare plan roadway sidewalk segment(s) in compliance with
subsection 913.09(5)(b)l.b.i. or ii. prior to receiving a certificate of
completion for required subdivision improvements for the corresponding
subdivision project. In the event that the developer is required to
construct the required sidewalk segment(s) (subsection
913.09(5)(b)l.b.i.), the developer may delay construction of the required
sidewalk segment(s) for a period of two (2) years beyond the final plat
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approval date of the corresponding subdivision development. In electing
to bond -out for construction, the developer shall provide a completed
contract for construction for remaining required sidewalk improvements
and post security to guarantee the completed contract in conformance
with subsection 913.10(1) construction security requirements. The
developer shall have the ability to extend the contract for construction
and posted security for a period of two (2) years, in addition to the
original two (2) years, upon approval of both the public works director
and the community development director.
2. Internal sidewalk segments along local roadways.
a. Responsibility. The developer shall be responsible for providing internal
sidewalks along internal project roadways adjacent to project entrances
and common areas. TheseThose developer -provided sidewalks shall be
depicted on the approved project preliminary plat and land development
permit and shall be constructed in accordance with the timeframe for
the construction of required subdivision improvements.
The builder/lot owner shall be responsible for providing the sidewalk
required along his lot's street frontage, as depicted on the approved
project preliminary plat and land development permit. For subdivisions
platted prior to adoption of this provision (9-8-2009) and that have
outstanding oblieations for providing internal sidewalks, the
provision for builder/lot owner responsibility may be applied if
authorized by recorded covenants, restrictions, and lot owner
consent and, if applicable, morteagee consent, in a manner
acceptable to the county attorney's office, including a covenant that
the applicable covenants and restrictions cannot be modified or
terminated without county approval. The sidewalk segment shall be
constructed and inspected prior to the issuance of a certificate of
occupancy (C.O.) for the residence(s) on the builder's/lot owner's lot.
b. Multiple phase projects. In addition to the requirements of subsection
913.09(5)(b)2.a., above, the following requirements shall apply to
multiple phase projects that are under unified control. If a subdivision
consists of multiple phases that are under unified control, sidewalks must
be completed on ninety (90) percent of the lots in the preceding phase
prior to the issuance of a certificate of completion (C.C.) for the next
phase of the project. If a certificate of completion on a subsequent phase
is needed prior to the completion of ninety (90) percent of the sidewalks
in the preceding phase, then security, in conformance with subsection
913.10(1), construction security requirements, shall be posted to
guarantee construction of sidewalks needed to meet the ninety (90)
percent completion requirement for the preceding phase.
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For purposes of calculating the ninety (90) percent threshold, sidewalks
adjacent to lots shall be considered completed i£
i. A valid reservation agreement (as determined by the county
attorney) with deposit has been signed by the end user of the lot;
ii. A valid contract (as determined by the county attorney) to build
with deposit has been signed by the end user of the lot; or
iii. A building permit application has been applied for construction
of a residence on the lot.
C. Exemptions.
i. For residential proiects with a density of less than three (3)
units per acre, aA developer is exempt from providing a
required internal sidewalk segment(s) along a local roadway
which serves no more than twenty (20) lots and terminates in a
cul-de-sac where a future extension of the street beyond the cul-
de-sac is not required or possible as determined by the county
public works director or his designee.
ii. A developer may obtain a waiver from providing a required
internal sidewalk segment(s) by submitting a written request for
such waiver from the community development director and the
public works director based upon one (1) or more of the
following criteria:
A. It is anticipated that the use(s) (nonresidential projects
only) will not attract or generate significant pedestrian
traffic;
B. A nearby existing or planned sidewalk will adequately
serve anticipated pedestrian traffic attracted or generated
by the eeffespeading subdivisi project;
C. The anticipated use(s) (nonresidential project only) or
vehicular traffic characteristics of the subdivision are
incompatible with pedestrian traffic;
D. The location of the subdivision or existing street
conditions in the area surroundiniz the proiect are such
that it is anticipated that sidewalks could not be
effectively integrated into an existing or future planned
sidewalk system;
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E. The developer provides for an alternate route and/or
improvement that adequately accommodates pedestrian
traffic attracted or sEenerated by the proiect and
movement and eeer-dinates with an existing
s.�,tom or future sidewalk system.
Decisions by the community development director and the public works
director to approve, approve with conditions, or deny an exemption
request may be appealed to the planning and zoning commission
pursuant to the provisions of section 902.07. Planning and zoning
commission decisions regarding exemption requests may be appealed to
the board of county commissioners pursuant to the provisions of section
902.07.
d. Method. When required to construct or provide an internal sidewalk
segment(s), the developer shall:
i. Construct the required sidewalk segment(s) along the local
internal roadway or alternative route approved under subsection
913.09(5)(b)2.c.ii.E. As an alternative to "up front" construction,
the developer may delay construction by "bonding -out for
construction" of the segment(s) as described in subsection
913.09(5)(b)2.e.
e. Timing. The developer shall be responsible for providing his required
internal sidewalk segment(s) in compliance with subsections
913.09(5)(b)2.b. and 913.09(5)(b)2.d.i. above, prior to receiving a
certificate of completion for required subdivision improvements, with
the following exceptions:
i. The developer may delay construction of the required sidewalk
segment(s) beyond the final plat approval date of the
corresponding subdivision development if such delay is needed to
accommodate development of the common area or meet sidewalk
requirements for multiple phase projects. If the developer
qualifies for delay and elects to delay, then the developer shall
provide a completed contract for construction for remaining
required sidewalk improvements and post security to guarantee
the completed contract in conformance with subsection
913.10(1). The construction contract shall be for a period of
two (2) years and may be extended subject to payment of the
applicable extension fee adopted by the board of county
commissioners and the conditions and timeframes provided
in these regulations. The construction contract and security
arrangement may provide for annual reductions in the posted
security amount based on completed and inspected sidewalk
segments. Reduction requests are subject to payment of the
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applicable reduction fee adopted by the board of county
commissioners and the conditions and timeframes provided
in these regulations. The developer may delay construction of
the required sidewalk segment(s) for a period of up to two (2)
four (4) years following final plat approval. A one time
construction contract extension of 2 years may be granted for
any proiect with a contract in effect prior to June 30, 2012,
subiect to payment of the applicable extension fee adopted by
the board of county commissioners and the conditions and
timeframes provided in these remulations.
ii. For projects platted prior to February 17, 2009, the developer
(owners) and the county may agree to defer both sidewalk
construction and the posting of security for future sidewalk
construction if the following criteria are met:
A. Existing project residents are provided a functional
continuous sidewalk system or sub -system in a timely
manner.
B. The developer (owners) defines the area of the
subdivision where sidewalk construction and security
posting are to be deferred, and agrees to not sell any
lots/units or obtain any building permit for construction
within the "deferral" area until sidewalks are constructed
or security is posted.
C. The agreement is in a form acceptable to the county
attorney's office, and is structured as a covenant that
cannot be terminated or modified without county
approval.
D. The agreement/covenant is recorded in the public records.
iii. The developer meets the requirements for "multiple phase
projects" in subsection 913.09(5)(b)2.b., above.
SECTION #6:
Amend LDR Section 913.09(6), Lots, to read as follows:
(6) Lots. Except where site plan approved projects are platted -over, lots shall conform to
size and dimension requirements, as well as shape; and access requirements as specified below. For
site plan approved projects that are being platted -over, the approved site plan shall govern
access/frontage requirements, setbacks, and the location and dimensions of all structures and required
project improvements. Residential lots in site planned plat -over projects shall include only the area of
dwelling units and immediately adjacent improved living areas (e.g. porches, courtyards, driveways,
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and other impervious areas). Nonresidential lots on site planned plat -over projects may include
building area and other facilities that serve the building area (e.g. parking and traffic circulation areas).
(A) Size.
1. The area and dimension of all lots will conform to the requirements of the Indian
River County land development regulations and to the comprehensive land use
plan.
2. Corner lots shall have along both street frontages a width equal to the width
required by the appropriate zoning district regulations, plus the difference
between the required front yard setback and the required side yard setback.
3. Substandard lots or remnants of land are prohibited unless specifically use -
designated, dedicated and accepted as parks, environmentally sensitive areas,
buffer zones, or other common areas or as use approved via an approved
preliminary plat.
(B) Shape of lots.
Side lot lines shall be straight and essentially perpendicular to straight street
lines and Imo -radial to curved street lines, unless the relationship of existing
or planned streets combined with the size of the property in question would
allow a superior design not utilizing straight lot lines.
2. All lots must be of sufficient area and dimensions to permit their use in full
conformance with the existing zoning regulations and land use plan.
3. Flag lots shall be prohibited along straight segments of roadway and be avoided
whenever possible along curves and culs-de-sac.
(C) Access to lots.
1. Every lot in a subdivision shall have direct vehicular access to a dedicated local
or marginal access street which has been accepted and maintained by Indian
River County or by a property owners' association.
2. Access points to all single-family lots shall be:
a. At least thirty (30) feet from the right-of-way line of the nearest
intersecting street; and
b. At least one hundred seventy-five (175) feet from the nearest right-of-
way line of the intersection of a collector or higher classification street
with another collector or higher classification street.
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ORDINANCE 2012-018
Access points to non -single-family lots shall conform to the applicable standards
of section 952.12.
4. Access to any lot in a subdivision from an arterial or collector street is
prohibited; limited access easements shall be provided along such streets.
Subdivisions will be designed to provide access to lots by use of local or
marginal access streets or approved driveways (nonresidential subdivisions
only).
5. Double frontage lots may only be created where they front on and access a local
street and the rear of the lot is buffered as required in section 913.09(3)(c)5 of
this chapter; limited access easements shall be provided along such streets.
6. The frontage of lots that do not abut a cul-de-sac or curves shall be greater than
or equal to the applicable minimum lot width required in the land development
regulations.
7. The frontage of lots that abut culs-de-sac or curves shall contain no less than
thirty (30) feet of chord distance. Said minimum chord distance shall be deemed
to satisfy lot frontage requirements.
SECTION #7:
Amend LDR Section 914.08(2) Extensions of site plan approval, to read as follow:
(2) Extensions of site plan approval. Site plan approval may be extended one time only for
good cause. Site plan approvals that were granted by the planning and zoning commission may
be extended by the board of county commissioners for a period not to exceed twelve (12) months.
Site plan approvals that were granted at staff level may be extended by staff for a period not to
exceed twelve (12) months. All requests for extensions must be in writing on a fefffi supplied by t
Eery, and must be received by the planning division prior to expiration of the site plan approval
that is the subiect of the extension request.
(a) The beafd of eet*fAy eemmissionefs During review of an extension request, the
county shall consider the following:
1. The effect any delay in proposed project construction and completion has will
have on the concurrency management system.
2. The impacts of having any new and existing regulations applied to the project=
and whether or not the project will comply with regulations in effect at the
time the extension request was filed.
(b) The beam of ,,, ttaty ^„..,v, issi ores coup may attach conditions to a site plan
extension approval that furthers the intent and purpose or satisfyies the requirements of
any comprehensive plan policies or land development regulations in effect at the time
the extension request was filed.
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ORDINANCE 2012-018
(c) No extensions may be granted unless the beafd county determines that an extension
satisfies the applicable requirements of the concurrency regulations of Chapter 910.
SECTION #8
Amend LDR Section 914.15(6)(b)2, Internal sidewalk segments along local roadways as follows:
2. Internal sidewalk segments along local roadways.
a. Responsibility. The developer shall be responsible for providing internal
sidewalks along internal project roadways adjacent to project entrances
and common areas. TheseThose developer -provided sidewalks shall be
depicted on the approved project preliminary plat and land development
permit.
The builder/lot owner shall be responsible for providing the sidewalk
required along his lot's street frontage, as depicted on the approved
project preliminary plat and land development permit. For subdivisions
platted prior to adoption of this provision (9-8-2009) and that have
outstanding obligations for providing internal sidewalks, the
provision for builder/lot owner responsibility may be applied if
authorized by recorded covenants, restrictions, and lot owner
consent and, if applicable, mortgagee consent, in a manner
acceptable to the county attorney's office, including a covenant that
the applicable covenants and restrictions cannot be modified or
terminated without county approval. The sidewalk segment shall be
constructed and inspected prior to the issuance of a certificate of
occupancy (C.O.) for the residence(s) on the builder's/lot owner's lot.
b. Multiple phase projects. In addition to the requirements of subsection
913.09(5)(b)2.a. above, the following requirements shall apply to
multiple phase projects that are under unified control. If a subdivision
consists of multiple phases that are under unified control, sidewalks must
be completed on ninety (90) percent of the lots in the preceding phase
prior to the issuance of a certificate of completion (C.C.) for the next
phase of the project. If a certificate of completion on a subsequent phase
is needed prior to the completion of ninety (90) percent of the sidewalks
in the preceding phase, then security, in conformance with subsection
913.10(1), construction security requirements, shall be posted to
guarantee construction of sidewalks needed to meet the ninety (90)
percent completion requirement for the preceding phase.
For purposes of calculating the ninety (90) percent threshold, sidewalks adjacent
to lots shall be considered completed if:
A valid reservation agreement (as determined by the county
attorney) with deposit has been signed by the end user of the lot;
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ORDINANCE 2012-018
ii. A valid contract (as determined by the county attorney) to build
with deposit has been signed by the end user of the lot; or
iii. A building permit application has been applied for construction
of a residence on the lot.
C. Exemptions.
A developer is exempt from providing a required internal
sidewalk segment(s) along a local roadway which serves no more
than twenty (20) lots and terminates in a cul-de-sac where a
future extension of the street beyond the cul-de-sac is not
required or possible as determined by the county public works
director or the director's appointed designee.
ii. A developer may obtain a waiver from providing a required
internal sidewalk segment(s) by submitting a written request for
such waiver from the community development director and the
public works director based upon one (1) or more of the
following criteria:
A. It is anticipated that the use(s) (nonresidential projects
only) will not attract or generate significant pedestrian
traffic;
B. A nearby existing or planned sidewalk will adequately
serve anticipated pedestrian traffic attracted or generated
by the corresponding subdivision project;
C. The anticipated use(s) (nonresidential project only) or
vehicular traffic characteristics of the subdivision are
incompatible with pedestrian traffic;
D. The location of the subdivision or existing street
conditions are such that it is anticipated that sidewalks
could not be effectively integrated into an existing or
planned sidewalk system;
E. The developer provides for an alternate route and/or
improvement that adequately accommodates pedestrian
traffic and movement and coordinates with existing and
planned sidewalks.
Decisions by the community development director and the public works
director to approve, approve with conditions, or deny an exemption
request may be appealed to the planning and zoning commission
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ORDINANCE 2012-018
pursuant to the provisions of section 902.07. Planning and zoning
commission decisions regarding exemption requests may be appealed to
the board of county commissioners pursuant to the provisions of section
902.07.
d. Method. When required to construct or provide a required sidewalk
segment(s), the developer shall:
i. Construct the required sidewalk segment(s) along the local
internal roadway or alternative route approved under subsection
913.09(5)(b)2.c.ii.E. As an alternative to "up front" construction,
the developer may delay construction by "bonding -out for
construction" of the segment(s) as described in subsection
913.09(5)(b)2.e.
e. Timing. The developer shall be responsible for providing his required
internal sidewalk segment(s) in compliance with subsections
914.15(6)(b)2.b. and 914.15(6)(b)2.d.i., above prior to receiving an
equivalent certificate of occupancy for the project. However, in the event
the developer is required to construct the required sidewalk segment(s)
(subsection 914.15(6)(b)2.b.i.), the developer may delay construction of
the required sidewalk segment(s) for a period of up to two (2) four 4
years beyond the date of issuance of an equivalent certificate of
occupancy for the project if such delay is needed to accommodate
development of the common area or meet sidewalk requirements for
multiple phase projects. If the developer qualifies for delay and elects to
delay, then the developer shall provide a completed contract for
construction for remaining required sidewalk improvements and post
security to guarantee the completed contract in conformance with
subsection 913.10(1). ). The construction contract shall be for a
period of two (2) years and may be extended subiect to payment of
the applicable extension fee adopted by the board of county
commissioners and the conditions and timeframes provided in these
regulations. The construction contract may provide for annual
reductions in the posted security amount based on completed and
inspected sidewalk segments deemed acceptable to the county.
Reduction requests are subject to payment of the applicable
reduction fee adopted by the board of county commissioners and the
conditions and timeframes provided in these regulations. The
developer may delay construction of the required sidewalk
seament(s) for a period of up to four (4) years following final plat
approval. A one time construction contract extension of 2 years may
be granted for any project with a contract in effect prior to June 30,
2012, subiect to payment of applicable extension fee adopted by the
board of county commissioners and the conditions and timeframes
provided in these regulations.
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ORDINANCE 2012-018
SECTION #9: 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 #10: 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 #11: 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 #12: 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 Chairman Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
:� GOMM�Ss BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
i
•
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_° y' .•'aQ;•: BY. G C.?heeler, Chairman
o9y t ; oQJ, �'Y
`"•.,R COU:••'
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ORDINANCE 2012-018
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: ? I�
Deputy Clerk
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
2z, -.q FOE f
Robert M. Keating, AI Commun' evelopment Director
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