HomeMy WebLinkAbout2012-025ORDINANCE 2012-025
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDR,); PROVIDING FOR AMENDMENTS
TO CHAPTER 918, SANITARY SEWER AND POTABLE WATER REGULATIONS, AND
CHAPTER 926 LANDSCAPE AND BUFFERING REGULATIONS, BY AMENDING THE
CHAPTER 918 TITLE, BY AMENDING SANITARY SEWER AND POTABLE WATER
REGULATIONS SECTION 918.04, BY AMENDING WATER AND WASTEWATER
REQUIREMENTS FOR NEW DEVELOPMENT SECTION 918.05, BY ADDING EFFLUENT
RE -USE WATER CONNECTION REQUIREMENTS FOR NEW DEVELOPMENT SECTION
918.06, BY ADDING USE OF WATER FROM RETENTION PONDS SECTION 918.07, BY
AMENDING IRRIGATION STANDARDS SECTION 926.11(2)(F); BY AMENDING
REPLACEMENT OF REQUIRED LANDSCAPING SECTION 926.12(3); 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 918 title, to read as follows:
CHAPTER 918. SANITARY SEWER, AND POTABLE WATER, AND EFFLUENT RE -USE
WATER REGULATIONS
SECTION #2:
Amend LDR Chapter 918 Section titles, to read as follows:
Sec. 918.01.
Short title.
Sec. 918.02.
Purpose and intent.
Sec. 918.03.
Definitions.
Sec. 918.04.
Sanitary sewer, and potable water, and effluent re -use water regulations.
Sec. 918.05.
Water and wastewater connection requirements for new development.
Sec 918.06.
Effluent re -use water connection requirements for new development
Sec 918.07.
Use of water from retention ponds
SECTION #3:
Amend LDR Section 918.04 Sanitary sewer and potable water regulations, to read as follows:
(1) Single-family dwelling units and nonresidential projects utilizing less than two
thousand (2,000) gallons of potable water per day may use private wells where such wells are
approved by regulatory agencies including the county environmental health department and utilities
department, in accordance with the connection regulations set out in section 918.05 below.
(2) Single-family dwelling units and nonresidential projects generating less than two
thousand (2,000) gallons of wastewater per day may utilize septic tanks for disposal of domestic
waste only, where those septic tanks are approved by the county environmental health and utilities
departments, and where consistent with the connection regulations set out in section 918.05 below.
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ORDINANCE 2012-025
(4�) Regional potable Centralized water service shall Abe limited to the
shown on Figufes 3.B.7, ,
and- IRB.9 of the potable wate sub of the indian Rive
County -Comprehensive Plan, and to Urban Service Area, to areas where the county has legal
commitments to provide facilities and services, and to areas and development projects located
outside the Urban Service Area that meet the requirements of Potable Water Sub -Element
Policy 5.7. as of Febf,,afy 13
Regional Centralized sanitary sewer service shall will be limited to the ser-viee .,real .,t,„,,,..
on Figufes 3.A.8, 3.A.9, and 3.A.10 of the sanitai�y sewe subb elle.ment of the indian River- Getti4y
Compr-ehensive Plan, and to Urban Service Area, to areas where the county has legal
commitments to provide facilities and services, and to areas and development proiects located
outside the Urban_ Service Area that meet the requirements of Sanitary Sewer Sub -Element
Policy 5.8. as of Febr eAzy 13
(54) No existing on-site wastewater treatment systems or water treatment systems may be
replaced or expanded without the issuanee of a peffflit eenditioned upon compliance with the west
updated versiens-e applicable county utility construction standards= DEP and
HMHealth Department regulatory requirements., an -federal and state water quality and
wastewater treatment standards (including the Federal Safe Drinking Water Act, and the
Florida Safe Drinking Water Act), - .,:.,... sewer-, n ,,.. ,Bwith it the fR^s* tip
smit
version of DED, and SJRWMD regulatory requirements_ and federal and state wa4er- quality
standards as found in the Federal Water Pollution Contfel_eat ov 1972 (P.L. T'' cpm m
ameadments by the Clean Water- Aet of 1977 (P.L. 95 217). State drinking watef standards afe
set in the Flefida Safe Dr -inking Alater- Aet, F.S. 403.850 403.864. The Feder -a! Safe Drinking Alater-
Aet may be found atm -93 523. The-applieant flaust- also -obtain er Prior to commencement of
system replacement or expansion, a county utility construction permit and, if applicable, as
de ed by the utilities aepat.mefit, oti,tai a utility franchise approval shall be obtained by the
system owner/operator.
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MrMerrFRM
,
(4�) Regional potable Centralized water service shall Abe limited to the
shown on Figufes 3.B.7, ,
and- IRB.9 of the potable wate sub of the indian Rive
County -Comprehensive Plan, and to Urban Service Area, to areas where the county has legal
commitments to provide facilities and services, and to areas and development projects located
outside the Urban Service Area that meet the requirements of Potable Water Sub -Element
Policy 5.7. as of Febf,,afy 13
Regional Centralized sanitary sewer service shall will be limited to the ser-viee .,real .,t,„,,,..
on Figufes 3.A.8, 3.A.9, and 3.A.10 of the sanitai�y sewe subb elle.ment of the indian River- Getti4y
Compr-ehensive Plan, and to Urban Service Area, to areas where the county has legal
commitments to provide facilities and services, and to areas and development proiects located
outside the Urban_ Service Area that meet the requirements of Sanitary Sewer Sub -Element
Policy 5.8. as of Febr eAzy 13
(54) No existing on-site wastewater treatment systems or water treatment systems may be
replaced or expanded without the issuanee of a peffflit eenditioned upon compliance with the west
updated versiens-e applicable county utility construction standards= DEP and
HMHealth Department regulatory requirements., an -federal and state water quality and
wastewater treatment standards (including the Federal Safe Drinking Water Act, and the
Florida Safe Drinking Water Act), - .,:.,... sewer-, n ,,.. ,Bwith it the fR^s* tip
smit
version of DED, and SJRWMD regulatory requirements_ and federal and state wa4er- quality
standards as found in the Federal Water Pollution Contfel_eat ov 1972 (P.L. T'' cpm m
ameadments by the Clean Water- Aet of 1977 (P.L. 95 217). State drinking watef standards afe
set in the Flefida Safe Dr -inking Alater- Aet, F.S. 403.850 403.864. The Feder -a! Safe Drinking Alater-
Aet may be found atm -93 523. The-applieant flaust- also -obtain er Prior to commencement of
system replacement or expansion, a county utility construction permit and, if applicable, as
de ed by the utilities aepat.mefit, oti,tai a utility franchise approval shall be obtained by the
system owner/operator.
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ORDINANCE 2012-025
(7f) No development requiring connection to a fegional centralized system shall wi44 be
approved if the development's demand exceeds the available capacity for either water or sewer
service. Development orders may be issued for subdivision land development permits and similar
project construction permits if capacity for water or sewer service is existing or is designed, under
construction and contracted to come on line prior to the impacts of the permitted subdivisien
development project. No building permits willshall be issued for the subdivislen development
until the capacity for water and sewer service serving the project is on line.
SECTION #4:
Amend LDR Section 918.05 Water and wastewater requirements for new development, to
read as follows:
All new developments in Indian River County mustshall connect to regional centralized
sanitary sewer and potable centralized water facilities; unless the connection matrix and this
chapter provide for an alternateive method of t4ility service. The following connection criteria shall
apply to the various developments:
(1) General provisions. The following general connection provisions will be applied to
all new development:
(a) Distance determination. Distance determinations for the purpose of this
chapter are made from the nearest point of the project site to the public
facility directly through public easements or public rights-of-way.
(b) All developments which do not connect to a regional centralized system
rim shall construct a wet line (in the case of package treatment plants),
pumps and lift stations, or a dry line, as if required by the County Utility
Services Department. the „*;':*:es depai.tm ant at the time of eens4 etio
(c) All applications for septic tanks and package treatment plants mus shall
demonstrate—complyiafiee with applicable federal, state and local
requirements. All applicable federal, state, and local permits mus shall be
obtained.
(d) All wet lines and package treatment plants must shall be dedicated to the
County. This shall not include on-site aerobic treatment units.
(e) All provisions of section 918.05 rim shall apply to potable water wells and
on-site public water plants as well as septic tanks and package treatment
plants.
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ORDINANCE 2012-025
(f) The final determination for the type of commercial, institutional, and
industrial establishments which ean may obtain permits for treatment plants
or septic tanks lust shall be made 'oi� ntly by the utilities depai4,.. en County
Utility Services Department director., and Ceommunity Ddevelopment
Ddepartment director., and e. vir-,,.,..,en ' Hhealth Department director.
) e „es .lepa ftme.,thll shall update e a ;sg ..>.,ter- s
C Thtilitithtiawastewater- e e e
('misting de'6 elepments within the 2010 Urban Sen4ee Are whieh do ,, ,t
have ,,mty s to the existing systemPER pe, -mit f r
iieaCii1V11 system, the PER i'S1Ceeuff4y tAilities depaftmeits for- ii[
expansion,
and if the develeper- or- pr-epefty ev,%er-s
asseeiatio s+t to eenneet to the fegienal stem :.he ;t
is-
(ig) The department, a ental The County Utility Services
Department, the Hhealth Ddepartment, and the c -Community dDevelopment
dDepartment vill-shall enforce connection requirements to the regional
centralized water and wastewater systems for both residential(including
individual single-family units) and non-residential developments.
The utilities--department,eavirefuneiitahealth depat4fae..., end .,.,........n..,
dei=elopfneff-dep`aftmenr=will e efts f single
familyunits to the iegienal--system. PeEm;ts Wigle family µ„its_ net
aneetiffg t a regionalsystemshall indieate that they iaut
. ,t t. the
eo
system when it is available -Mi thin two ndre.l /�feet f +ho
pr-epe«t y l;
(kli) The appropriate type and size of package treatment plants -shall be
determined by the County Utility Services Department in coordination
with the Health Depart ment.the—atilifies depaftmea4--anWei- the
e„tal health .lepaAme„t
(IJ Any development not required to connect to the centralized water or
wastewater system shall meet applicable state and Health Department
requirements for on-site systems.must meet the above general p
Florida Admiaistr-mive Code 1 n D 6 icaaiicia its--Riarcoucntul
healthr-equir-emen4s t qualify f a of then eifin a eptien's listedhelow
Y
(2) Connection criteria for single-family residential dwelling units. No building permit
for a new single-family residential unit within two hundred (200) feet of the regional
centralized system shall be issued unless the unit connects to the regional
centralized system.
(a) Single-family residential dwelling units located more than two hundred (200)
feet from a collection line of the Indian River County sanitary sewer system
may utilize an on-site septic system if any of the following conditions are
met.
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ORDINANCE 2012-025
1. The single-family residential unit is in an area having a density of two
(2) units per acre or less.
2. The single-family residential unit will utilize public water and is in an
area with a density of four (4) units per acre or less.
3. Undersized lots in existing subdivisions not meeting the requirements
of subsections 1 and 2 above may utilize an on-site septic system if
the single-family unit satisfies the requirements of the Health
Department. publie.-health unit, divisidivisionfa„,r;,o,,.:no4,t t,o.,l
4. The single-family residential unit is in the agricultural (one unit/five
(5) acres, one unit/ten (10) acres, and one unit/twenty (20) acres) or
rural (one unit/acre) area of the county, as designated by on the
future land use map of the comprehensive plan.
(3) Connection criteria for residential projects (subdivision, multifamily, site plan, PD,
DRI). No new residential project within one-quarter (1/4) mile of the regional
centralized system shall be approved unless the project connects to the regienal
centralized system. Residential projects located outside of one-quarter (1/4) of the
system meeting the criteria of subsections (a) or (b) below may be approved without
connection to the regional centralized system.
(a) The following residential projects located within the Urban Service Area and
outside of one-quarter (1/4) mile of the system e -an Mpy utilize septic tanks
and private wells:
1. Residential projects with lessfewer than twenty-five (25) lots/units,
with a density of less than two (2) units/acre or less than four (4) units
per acre if public water is provided. Notwithstanding this provision,
no residential projects shall be approved without connecting to a
regiei}aI centralized system if the proposed subdivisien development
is located within the 2010 Urban Service Area, the tract proposed
for subdivisielt development was part of a tract which existed on
February 13, 1990= and the total number of lots/units existing on that
parent tract would exceed twenty-five (25) with the approval of the
subject residential project.
(b) The following residential projects located within the Urban Service Area and
outside of one-quarter (1/4) mile from the system ee* may utilize package
treatment plants dedicated to the county:
1. Residential projects with twenty-five (25) or more lots/units.
2. Residential projects with less than twenty-five (25) lots/units with a
lot size of less than one-half (1/2) acre.
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ORDINANCE 2012-025
(4) Connection criteria for nonresidential projects. No new site plan for any
commercial, industrial or institutional establishment shall be approved unless
connected to the regional centralized system, except as provided in subsections (a)
or (b) below.
(a) The following nonresidential projects within the 24W Urban Service Area
and outside of one-quarter (1/4) mile of the regional centralized system een
may utilize septic tanks.
1. Nonresidential projects which Reneratei*g less than two thousand
(2,000) gallons of domestic wastewater per day.
(b) The following nonresidential projects within the 29.1-9 Urban Service Area
and outside of one-quarter (1/4) mile of system cart -may utilize package
treatment plants.
1. Nonresidential projects which generatei*g less than two thousand
(2,000) gallons of nondomestic wastewater per day if approved by the
Hhealth Ddepartmentter.
2. Nonresidential projects which generat� more than two thousand
(2,000) gallons of only domestic wastewater per day; and satisfyi*g
the requirements of section 918.05(1)(f).
Table 3.A.16 and 3.B.19
Water and Wastewater Connection Matrix for a New Development
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Inside of the Urban Service Area
Connect
Not Connect
Sin le-Famil•
Within 200 ft. of system
X
Outside of 200 ft. of system
X**
Residential Pro'ects:
Subdivision, multi -family site plan, PD, DRI
Within 1/4 mile of the system
25 units or more
X
Less than 25 units
X
Outside of 1/4 mile of system
25 units or more
X
Less than 25 units
X**
Nonresidential Pro'ects: Subdivision site plan, PD DRI
Within 1/4 mile of system:
2,000 gallons daily flow or more*
X
Less than 2,000 gallons daily flow*
X
Outside of 1/4 mile of system:
2,000 gallons daily flow or more*
X
Less than 2,000 gallons daily flow
X*
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ORDINANCE 2012-025
*Daily flow refers to water consumption or sewer generation.
**The applicant for any development project, where such project will not connect to a centralized
system, must sign a developer's agreement with the
County Utility Services Department to operate on a private system with a commitment to connect
to the ramie i centralized system when service is available. These agreements shall be conditioned
upon demonstration of compliance with applicable federal, state, and local permit requirements.
When using a private system or on-site facilities, the developer must shall construct a dry line or
wet line at the time of construction, if required by the County Utility Services the Utilities
Department. The final determination for the type of nonresidential establishment which can utilize a
private system shall be made 'oi� ntly by the U44ities DepaAment. the County Utility Services
Department, the Community Development Department, and the Health
Department.
System availability: A system is considered available when a collection or distribution line exists in
a public easement or right-of-way and the line can be used to provide adequate service to the
development being served as determined by the County Utility Services Department.
SECTION #5:
Add LDR Sections 918.06 and 918.07, to read as follows:
Section 918.06. Effluent re -use water connection requirements for new development
(1) Developments with large volume irrigation demand. The developer of a project
estimated to have a peak irrigation demand of 10,000 gallons or more per day shall construct
effluent re -use lines on-site and off-site, as required by the County Utility Services
Department, when the development project:
(a) Lies within the Urban Service Area, and
(b) Lies within one (1) mile of an effluent re -use line or a facility that is
available to supply re -use water to the project, as determined by the
County Utility Services Department.
Proiect irrigation demand shall be estimated by the project engineer using a method
approved by the Utility Services Department.
2) Residential development. All new residential subdivisions and residential
proiects of 25 or more lots/units located within one-quarter of a mile of an effluent re -use line
that is available to supply re -use water shall connect the proiect to the re -use line and make
re -use water available as a source of irrigation water within the proiect. Re -use water shall be
considered available if the County Utilities Services Department can guarantee that an
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ORDINANCE 2012-025
amount of re -use water sufficient to meet the irrigation needs of the project will be available
and if the County Utilities Services Department agrees to incorporate that guarantee into a
negotiated agreement between the project developer and the County Utility Services
Department. Connections to the re -use system and development of re -use service
infrastructure shall be approved through the County Utility Services Department.
Section 918.07. Use of water from retention ponds.
All new development projects shall use effluent re -use water, water from project retention
ponds, or other source required by the St. Johns River Water Management District, instead of
water from wells, as the primary source of irrigation. Water from a well may be used as a
supplemental source of irrigation water for the proiect, subiect to approval of the St. Johns
Water Management District. Use of an irrigation well as the primary source of irrigation for
a proiect may be approved by a joint decision of the County Utility Services Director, Public
Works Director, and the Community Development Director when it is determined that there
is no adequate available primary source of irrigation from effluent re -use water or from a
retention pond sized to meet applicable stormwater management requirements.
SECTION #6:
Amend LDR Section 926.11(2)(f), Sources of irrigation water, to read as follows:
(f) Sources of irrigation water.
1. Reclaimed or other non -potable water source shall be used in accordance
with the requirements for subsection 918.04(3) In order to supplement the
retention system, property owners may utilize wells when the county system
cannot meet their needs. When the water supply for the irrigation system is
from a well, a constant pressure flow control device or pressure tank with
adequate capacity shall be required to minimize pump cycling.
2. All new landscape irrigation systems shall be required and all existing
irrigation systems shall be encouraged to connect to wastewater effluent lines
when determined to be available. The reuse of wastewater effluent in such
cases shall be required.
3. All new landscape irrigation systems shall be designed for ultimate
connection to proposed wastewater effluent lines.
4. Developments with wet retention/detention areas are required to use this
water to meet project irrigation needs or justify why this water cannot be used
as an irrigation source.
5 All new development projects shall use effluent re -use water, water from
proiect retention ponds, or other source required by the St. Johns River
Water Management District, instead of water from wells, as the primary
source of irrigation. Water from a well may be used as a supplemental
source of irrigation water for the proiect, subject to approval of the St.
Johns Water Management District. Use of an irrigation well as the
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ORDINANCE 2012-025
primary source of irrigation for a proiect may be approved by a ioint
decision of the County Utility Services Director, Public Works Director,
and the Community Development Director when it is determined that
there is no adequate available primary source of irrigation from effluent
re -use water or from a retention pond sized to meet applicable
stormwater management requirements.
SECTION #7:
Amend LDR Section 926.12(3), Replacement of required landscaping, to read as follows:
(3) Removal and rReplacement of required vegetation and required landscaping.
Required landseaping that has died or- has been r-emoved shall be r-eplaeed by fnater-ial whie
equivalen� to
(a) Vegetation (including trees) preserved on site as shown on an approved proiect
development plan (site plan) shall not be removed unless authorized under the
provisions and regulations of Chapter 927, Tree Protection and Land Clearing.
Where vegetation is removed, replacement of vegetation (including trees) shall
be provided as required below.
(b) Required landscape vegetation (including trees) planted on site during or after
project development may be removed and replaced if the vegetation has died, is
diseased or in declining condition, or has an adverse impact on health, safety,
site maintenance, or the visibility of authorized commercial signage.
(c) The size of replacement landscape vegetation shall be the size that the originally
planted material should have attained €1=emsince the time of project C.O. (certificate
of occupancy) or post-C.O. installation, as follows:
From zero (0) to eighteen (18) months after project C.O. or post-C.O. installation,
landscape materials must be replaced at a size no smaller than indicated on the approved
site plan.
More than eighteen (18) months but less than seven (7) years after project C.O. or
Post-C.O. installation, replacement shrubs shall be a minimum of thirty (30) inches in
height, replacement canopy trees shall be a minimum of sixteen (16) feet in height and
three (3) inches in diameter at 0.5 feet above grade, and replacement understory trees
shall be a minimum of seven (7) feet tall with a one and one-half (1 1/2) inch diameter
at 0.5 feet above grade.
• Seven (7) years or more after proiect C.O. or post-C.O. installation, replacement
canopy trees shall be a minimum of eighteen (18) feet in height and four (4) inches
in diameter at 1 foot above grade.
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ORDINANCE 2012-025
SECTION #8: 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 #9: 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 #10: 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 #11: 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
BOARD OF COUNTY COMMISSIONERS
;• o� OF INDIAN RIVER COUNTY
•��. BY:
:q Gary C. eeler, Chairman
•.. �OuNTY.
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ORDINANCE 2012-_25
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY:
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
"Ia�Pokwich, Sr., County Attorney
)pment Director
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