HomeMy WebLinkAbout1986-24 (2)E
COUNTYINDIAN RIVER ORDINANCE NO. '
AN ORDINANCE OF THE BOARD OF COUNTY CO MSSIONERS
OF ®COUNTY,•' 1 ` TOM
AMENDING TH1 11 ` 11' COUNTY STORMVMTER
M%NAGEMENTAND ••1 PROTECTIONORDINANCE: :
PROVIDING ••SHORTPURPOSE, OF
CONSTRUCTION; DEFINITIONS; • PROHIBITED
1►�avIPTIONSe REVIEW CRITERIA FOR ALL DEVELOPMENT
PROJECTSREQUIREDINFORMATIONFOR PERMIT
APPLICATIONS a REQUIRED INFORMATION TO BE SUBMITTED
BY TYPE B PERMIT APPLICANTSAFTER ISSUANCEOF
PERMIT; PERMIT APPLICATION AND REVIEW PROCEDURES;
ADMINISTRATIVEDUTIES; APPEALPROCEDURE;NOTICE;
ENFORCEMENT; VEST11• RIGHTS; CONFLICT WITH CITHER
ORDINANCES11RA EFFECTIVE• `
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. SHORT TITLE
This ordinance shall be known as the Indian River
County Stormwater Management and Flood Protection Ordinance,
I
SECTION 2. PURPOSE
The purpose of this ordinance is to protect the health,
safety, and welfare of the citizens of Indian River County,
to implement those policies and objectives found in the
drainage element of the County's Comprehensive Plan, to
ensure protection of land and improvements together with
natural resources through the use of responsible stormwater
management and flood protection practices, and to ensure
replenishment of the County's aquifer systems to provide a
continuing usable water supply.
SECTION 3. RULES OF CONSTRUCTION
The requirements of this ordinance are intended to
complement regulations of the Florida Department of Environ-
mental Regulation including but not limited to those found
in Florida Administrative Code, Chapter 17-25, Regulation of
Stormwater Discharge, Chapter 17-3, and Chapter 17-4, and
the Stormwater Rules of the St. Johns River Water Management
District, all as adopted or as may be amended from time to
time. A FAC Chapter 17-12 Dredge and Fill Permit may be
required. Approval of a stormwater management system under
this ordinance shall not relieve any applicant of the
necessity to obtain required permits or approvals from other
state, regional, or local agencies, including specifically,
but not limited to, observance of DER permitting require-
ments for use of the "landward extent of waters of the
state", as that term is defined by Florida Administrative
Code, Section 17-4.02 (17). In the event of a conflict
between this ordinance and any other law or regulation,
this ordinance shall be interpreted to avoid the conflict
when possible. If there is an irreconcilable conflict, the
agency rule shall prevail. If this ordinance is more
restrictive, the provisions hereunder shall prevail and no
conflict will be considered to exist.
CODING: Words inyi¢)f/�igSi��f type are deletions from
existing law; works underlined are additions.
SECTION 4. DEFINITIONS
Abutting Property - Property that is immediately
adjacent or contiguous to property that is subject to review
under this ordinance or property that is located immediately
across any road or public right-of-way from the property
subject to review under this ordinance.
Accessory Structure - A structure of a nature custom-
arily subordinate or incidental in size and use to the
principal structure and located on the same site. Examples
are tool sheds, garages, and greenhouses.
Adverse Impacts - Any modifications, alterations or
effects upon a feature or characteristic of water or flood -
prone lands, including but not limited to the quality,
quantity, hydrodynamics, surface area, living resources,
aesthetics or usefulness for human or natural uses of said
water or floodprone land, which are, or potentially may be
harmful or injurious to human health, welfare, safety or
property, or which unreasonably interfere with the enjoyment
of life or property, including outdoor recreation. The term
includes secondary and cumulative as well as direct impacts.
Agricultural Lands - Those lands in any bonafide
agricultural use.
Alter or Alteration - Any work beyond maintenance of
the original condition including additions to an existing
system, changes of any part of an existing system to capac-
ities or locations different from those originally con-
structed, and changes in the rate, volume, or timing of
discharges.
As -Built Plans - Amended construction drawings specify-
ing the actual locations, dimensions, elevations, capac-
ities, and capabilities of structures and facilities as they
have been constructed on or under the site.
Building - An enclosed structure that is principally
above ground. The term includes mobile homes and gas or
liquid storage tanks.
Coastal High Hazard Area - Means the area subject to
high velocity waters caused by, but not limited to, hurri-
cane wave wash (surge) or tsunamis. The area is designated
on a Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map (FIRM) as zones V1 through V30.
Construction (or to Construct) - Any on-site activity
including land clearing, earth moving, or the erection of
structures.
Construction Plans or Drawings - The engineering
drawings, specifications, tests, and data necessary to show
construction of the improvements.
Control Elevation - The lowest elevation at which water
can be released through the control device.
I
Detention (or to Detain) - The collection and temporary
storage of stormwater in such a manner as to provide for
treatment through physical, chemical, or biological process-
es with subsequent gradual release of the stormwater to the
receiving waters, in which the capacity for the specified
treated volume of stormwater is $4$ 1i//BfVqV:Va(1d restored
within 90 72 hours following a storm event. On-line
detention is temporary storage along the axis of the drain-
age system, whereas "off-line" detention is temporary
storage at a location away from the system's direct path.
Development Project - Any intentional man -caused change
or improvement to land which increases the amount of imper-
vious cover or results in the change in elevation of any
portion of the land or changes the existing stormwater
system and flood management system. A development project
shall include but shall not be limited to all projects which
require site plan or subdivision approval under the County
Code.
Discharge - The outflow of water from a project site,
drainage basin or other facility.
Drainage System (Artificial) - Any canal, ditch,
culvert, dike, storm sewer or other man-made facility which
tends to control the surface flow of water.
Drainage System Natural - Surface streams or marshes
which convey water to natural points of drainage.
Elevations - Heights in feet expressed in relation to
mean sea level and referenced to the National Geodetic
Vertical Datum (NGVD).
Existing Development - Any development, improvement or
impervious surface existing on a project site at the time of
request for site plan approval.
Filtration or to Filter - The selective removal of
suspended matter from stormwater by passing the water
through at least 2 feet of suitable fine -textured granular
medium such as porous soil, uniformly graded sand and gravel
or other natural or artificial aggregate, which may be used
in conjunction with filter fabric or underdrain pipe or
both.
Flood or Flooding - A general and temporary condition
of partial or complete inundation of normally dry land areas
from
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation of runoff of
surface waters from any source.
is
Flood Insurance Rate Map (FIRM) - An official map of a
community, on which the Federal Emergency Management Agency
has delineated both the areas of special flood hazard and
the risk premium zones applicable to the community.
Flood Insurance Study - The official report provided by
the Federal Emergency Management Agency. The report con-
tains flood profiles, as well as the flood boundary-floodway
map and the water surface elevations map and the water
surface elevation of the base flood.
Floodway - The normal channel of a watercourse and the
adjacent land areas that must remain unobstructed to convey
the regulatory flood discharge without raising flood ele-
vations above specified levels as determined in Section 7 A
X OY (19) (d).
Floor - Any floor (including basement) useable for
living purposes which include working, sleeping, eating,
cooking, or recreation, or a combination thereof.
Hydrograph - A graph of discharge, or, for the purposes
of this ordinance, volume.of stormwater, versus time for a
selected outfall point.
Impervious Surface - A surface which is highly resis-
tant to infiltration by water. It includes surfaces such as
compacted sand, limerock, or clay, as well as most conven-
tionally surfaced streets, roofs, sidewalks, parking lots
and other similar structures. Water surfaces such as lakes
shall be considered impervious for runoff calculations.
Legal Positive Outfall - The availability of a
permanent and legally established water course or similar
facility or means which has the hydraulic capability of
conveying the stormwater discharge from a development
project to receiving waters downstream. "Legally estab-
lished water course" refers to a water course which is
established by an expressed easement, plat dedication, or
other documentation, or�implied easement or servitude as may
be demonstrated to exist in accordance with Florida Law.
Lot - A lawful building site. Such building site may
consist of all, portions or combinations of land parcels
described by metes and bounds, quarter section descriptions,
lots shown on a subdivision plat, or any other legally
described building site.
Lowest Floor - The top surface of the lowest area
within the inside perimeter of the exterior walls of a
building. For slab -on -grade type buildings or buildings
with basements the top surface of the slab or basement floor
would constitute the lowest floor. For footing, foundation
walls, or pile type buildings with crawl spaces under the
building without basements, the top surface of the finished
0
flooring above the horizontal joists, beam or other support-
ing member would constitute the lowest floor.
Maintain or Maintenance - To keep in an acceptable
state of performance and repair and, when referring to the
height of grasses in a stormwater management tract or
facility, it means to keep at a height of twelve (12")
inches or less above the ground.
Mangrove Stand - An assemblage of one or more of the
following species: Black Mangrove (Avicennia nitida); Red
Mangrove (Rhizophora mangle); White Mangrove (Laguncularia
racemosa), and Buttonwood (Conocarpus erecta).
Master Stormwater Management Plan or Master Plan - An
engineering plan, written report, or engineering drawings
outlining the primary and secondary drainage and stormwater
treatment facilities needed for the proper development of a
specific increment of the unincorporated area of Indian
River County,
Mobile Home - A structure, transportable in one or more
sections, which is built on a permanent chassis and designed
to be used with or without a permanent foundation when
connected to the required utilities. It does not include
recreational vehicles or travel trailers.
National Geodetic Vertical Datum(NGVD) - As corrected
in 1929, a vertical control used as a reference for
establishing varying elevations within the floodplain.
Person - Any individual, corporation, partnership,
limited partnership, trust, or other organization or busi-
ness entity.
Regulatory Flood - The one hundred year flood, i.e.,
the flood that has one percent probability of being equalled
or exceeded in any given year, as indicated on the official
County flood hazard map.
Retention or To Retain - The prevention of, or to
prevent the discharge of a given volume of stormwater runoff
into surface waters of the state by complete on-site storage
where the capacity to store.the given volume of stormwater
is 44$ restored within 0¢ 72 hours following the
storm event. The required storage volume must be provided
by a decrease of stored water caused by percolation through
soil, evaporation, evapotranspiration, or spray irrigation.
Retention shall be "off line" (i.e. outside of the primary
drainage path), unless it is demonstrated by the applicant
that water quality in the receiving waters will not be
adversely impacted by "on-line" retention. Wet retention
refers to an area the lowest elevation of which penetrates
the dry season groundwater table. Dry retention refers to
an area the lowest elevation of which lies at least two (21)
feet above the wet season groundwater table.
H
Sediment - fine particulate material which is capable
of gravity settlement, whether mineral or organic, and which
is in suspension or has settled in a waterbody.
Site - Any tract, lot or parcel of land or combination
thereof where development is to be performed as part of a
unit, subdivision, or project.
Stormwater and Flood Management System - A system of
natural or artificial waterbodies or watercourses which
stores or conveys water.
Structure - That which is built.
Subdivision - A subdivision as defined by the County's
subdivision and platting regulation.ordinance.
System - A dam, impoundment, reservoir, appurtenant
work or works, or a combination thereof, that is intended to
provide drainage, water storage conveyance, prevent or
impair inundation, or other water management capabilities in
and for a discrete area or a work that traverses waters in
the County. A system may be designed and constructed in
phases.
Thoroughfare Plan - The official map of present and
future streets adopted by the Board of County Commissioners,
Undeveloped Condition - The project site in its natu-
rally existing unimproved state.
Water - All water on or beneath the surface of the
ground including natural or artificial water courses, lakes,
ponds, or diffused surface water and water standing, percola-
ting or flowing beneath the surface of _the ground, as well
as all coastal waters within Indian River County.
Waterbody - Any natural or artificial pond, lake,
reservoir or other area which ordinarily or intermittently
contains water and which has a discernible shoreline.
Watercourse - Any natural or artificial channel, ditch,
canal, stream, river, creek, waterway or wetland through
which water flows in a definite direction, either continu-
ously or intermittently, and which has a definite channel,
bed, banks or other discernible boundary.
Watershed - A drainage area or drainage basin con-
tributing to the flow of water into, a receiving body of
water.
Wetland - That portion of the following categories of
waters in Indian River County where one or a combination of
the vegetative species listed in Section 17-4.02 (17),
F.A.C. are dominant plant species:
(a) Rivers and natural tributaries thereto;
(b) Streams and natural tributaries thereto;
(c) Bays, bayous, sounds, estuaries and natural
tributaries thereto;
(d) Lakes, impoundments, and ponds, except those owned
entirely by one person;
(e) Atlantic Ocean.
(f) Areas inundated by water for 30 days or more per
year,
SECTION 5. PROHIBITED ACTIVITY
A. It shall be illegal and subject to the penalties
provided herein for any person to construct, or arrange for,
authorize, or participate in the construction of a develop-
ment project within the unincorporated area of Indian River
County without first obtaining a valid permit to construct
either a stormwater management system (hereinafter referred
to as a Type A Permit), Ot a flood protection-stormwater
management system, when applicable, (hereinafter referred to
as a Type B Permit), or a Flood Management System
(hereinafter referred to as a Type "C" Permit), when applic-
able, pursuant to this ordinance.
Be It shall be illegal and subject to the penalties
provided herein for any person to construct any structure in
such a manner as to impede the functioning of a drainage
system that is:
10 publicly maintained or
2* located on private property and is a part of a
drainage system serving more that one owner when such system
is located in an easement which exists for the benefit of
other land owners. A structure which meets the requirements
of the Indian River County Standard Specifications for the
construction of public facilitiesyi�/�5yi�ik�t�ti/%i�,6�(r,�E,u�
shall be presumed not to impede the functioning of the
drainage system.
SECTION 6. Exemptions
A. The following activities shall be exempt from the
permitting requirements of this ordinance:
(1) The construction of an individual detached single
family residence or duplex residence together with accessory
structures, provided that said residences and accessory
structures are not located in Flood Hazard Zones as deter-
mined in Section 7 A Xoy (19) (a -f). When located in a
Flood Hazard Zone, the applicant shall be required to obtain
a Flood Management System permit (Type C) which shall be
issued upon the applicant demonstrating compliance with
Section 7 B (1-14) .
(2) Bonafide agricultural uses except when an artifi-
cial drainage system will be used to increase the flow of
surface water from the applicant's land to a County main-
tained drainage system, or when the particular agricultural
use requires site plan approval.
7
(3) Maintenance work performed on existing mosquito
control canals or impoundment areas.
(4) Any maintenance, alteration, renewal, repair, use
or improvements of an existing structure which does not
change or affect rate or volume of stormwater runoff or the
construction of any structure or addition thereto which does
not create an impervious surface exceeding ten (100) percent
of the site or 5,000 square feet, whichever is less.
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(5) All activities by a water management district,
drainage district, or water control district established
under the laws of the State of Florida and all activities
undertaken by the State of Florida, Indian River County, or
any incorporated municipality within Indian River County,
within their respective easements and right-of-way.
(6) Any activity or development project which can be
demonstrated by the applicant in accordance with Section 15
hereof to have vested rights.
Be Emergency Exemption.
(1) This ordinance shall not be construed to prevent
the doing of any act otherwise lawful and necessary to
prevent material harm to or destruction of real or personal
property as a result of a present emergency, including but
not limited to fire, infestation by pests, or hazards
resulting from violent storms or hurricanes or when the
property is in eminent peril and the necessity of obtaining
a permit is impractical and would cause undue hardship in
the protection of the property.
(2) A report of any such emergency action shall be
made to the Division of Public Works by the owner or person
in control of the property upon which emergency action was
taken as soon as practicable, but not more than ten (10)
days following such action. Remedial action may be required
by the Director of Public Works subject to appeal to the
County Commission in the event of dispute.
SECTION 7. REVIEW CRITERIA FOR ALL DEVELOPMENT
PROJECTS
A. Stormwater Management Permit (Type A).
All development projects are required to obtain a
Type A Permit, No Type A Permit to construct a development
project shall be issued unless the following criteria are
met:
(1) The design of
the on-site
stormwater management
system shall be based at
a minimum
on a 10 -year frequency
24-hour duration storm event; however, the applicant shall
also provide data indicating the effects of a 25 -year
frequency 24-hour duration storm event on the development
project as proposed. The design of any off-site stormwater
management system improvements shall be based upon a 25 -year
frequency 24-hour duration storm event. The modified Type 2
SCS Rainfall Distribution shall be used.
(2) The hydrologic computations for the stormwater
management system shall be based on full hydrograph gen-
eration for the development project and contributory area
utilizing such methods as published by the Soil Conservation
Service (USDA, SCS, "Natural Engineering Handbook", Section
4, Hydrology: 1972 and "Urban Hydrology for Small
Watersheds", Technical Release No. 55: 1975). For projects
of less than 12.0 acres, the rational method of runoff
computation is satisfactory. The rainfall intensity -dura-
tion curves provided in Appendix A, attached hereto, are
hereby incorporated as a part of this ordinance and shall be
used in making all required hydrologic computations.
(3) Retention or detention with filtration of the
runoff from the first 1" of rainfall shall be provided on
site. Detention with filtration or retention shall be
provided on site for additional stormwater runoff generated
by the development project over and above that generated by
the site prior to the proposed development unless there is a
legal positive outfall available which has sufficient
capacity to accept the additional runoff.
(4) Retention or detention facilities shall be con-
structed in such a manner as to maximize utilization of
available percolation capabilities on the site for recharge
enhancement and to minimize mosquito breeding by being
shallow, shall be easy to maintain, and shall have a 6X¢¢1
(400: skimmer mechanism if required by the SJRWMD.
Stormwater Management facilities shall not penetrate the
groundwater table unless the following criteria are met:
(a) The application provides a
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certification from the SJRWMD or � ¢ 11(O bjf($)f¢(X//S�d h1ge
Florida DER that the direct connection to the groundwater
table, as proposed, will not significantly detract from the
quality of the groundwater. If the size of the development
project is below SJRWMD or DER thresholds, this certifi-
cation can be waived;
(b) Dry retention/detention at the site is not
appropriate. The applicant's engineer or groundwater
hydrologist shall provide a certified statement that soils
are not suitable for dry retention/detention. Site support-
ing soils testing shall be included,
(c) The site is not located on the primary sand
ridge or designated aquifer recharge area as delineated by
the County's Environmental Planner;
(d) Side slopes are 4' horizontal to 1' vertical
and properly vegetated to 2' below the control elevation.
(5) Discharges from the development project shall be
handled to a point of legal positive outfall. Tailwater
stages of the receiving waters, as reported in the Master
Plan or as generated from data in the Master Plan, must be
taken into account in design. Enlargement of existing
downstream facilities may be required.
(6) The bottom of dry retention areas shall be sloped
at a minimum .2% to a permeable drain. A detention area
shall have an outlet device, and shall not be lower than the
elevation of the off-site receiving channel or water body.
(7) Where permitted, open drainage -ways shall retain
natural design characteristics and be so designed and
protected that they do not present a hazard to life or
property. The design shall include measures to protect
against scour and erosion and provide for stable side
slopes. Whenever possible, such waterways shall provide for
adequate flushing action by prevailing winds and currents to
assure the prevention of stagnant water and debris accumu-
lation.
(8) Disposition of Stormwater Runoff - The stormwater
management system for development located predominantly on
excessively drained soils should maximize stormwater infil-
tration. This shall be accomplished through the use of
bottomless inlets, perforated pipe, grading to retard
runoff, natural or artificial retention or detention basins,
or other methods, depending on the characteristics of the
land area. Specific guidelines are as follows:
(a) Areas and lots shall be developed to maximize
the amount of natural rainfall which is percolated into the
soil and to minimize direct overland runoff into adjoining
streets and water courses. Stormwater runoff from roofs and
other impervious surfaces should be diverted into swales, or
terraces on the lot.
(b) Street drainage shall be by grassed swales or
curb and gutter in accordance with County specifications,
provided all curb and gutter systems shall discharge or
direct water into or across�a grassed swale area or other
filtering medium. Whenever practical, as indicated by soil
characteristics, water table elevation, and topography, the
overflow from any swale used shall be diverted to percola-
tion areas, ponding areas or natural or artificial seepage
basins of sufficient capacity to retain and provide for the
maximum infiltration of stormwater runoff from each drainage
area for the design storm. Each percolation or retention
area shall include positive drainage facilities which
provide for drainage to public outfalls or a lake, or water
course, to handle the runoff from storms of longer duration
and severity. Except in those development projects where
temporary ponding is allowable pursuant to Section 7 (A)
(13) each percolation or retention area shall include
positive drainage facilities which provide for drainage to
public outfalls or a lake, or water course, to handle the
runoff from storms of longer duration and severity. The
area surrounding these retention or detention basins is
recommended to be used as public or private open space and
shall be grassed.
(c) The Soil Survey of Indian River County,
Florida, published by the U.S. Department of Agriculture, as
made available, shall be the document to determine soil
classification in this ordinance.
(9) Material Specifications for Culverts and Storm
Sewers. The following pipe materials are acceptable:
(a) Reinforced concrete pipe, bituminous coated
corrugated steel pipe, aluminum pipe, aluminum pipe arch,
bituminous coated structural plate steel pipe, and bitumi-
nous coated steel pipe arch. PVC pipe shall be acceptable
only for installations in a privately maintained system and
only if of appropriate 0411 tX ¢X4¢00 loading criteria for
the intended use.
(b) Workmanship and pipe materials shall conform
to DOT Standard Specifications, latest edition.
(c) Concrete pipe shall be used under County
right-of-way pavement and into salt water outfalls, however,
aluminum pipe may be approved if appropriate soil conditions
exist and proper installation procedures are insured. Con-
crete for reinforced concrete box culverts shall conform to
DOT's Standard Specifications, latest edition.
(10) Inlets - Design and spacing of inlets shall be in
accordance with Florida DOT's Standard Specifications or
Indian River County Specifications.
(11) Drainage Structures - All cross drains and storm
sewers shall have headwalls, flared-end sections, or ter-
minating structures in accordance with County Standard
Specifications or Florida DOT's Specifications. Endwalls,
inlets, or other appropriate terminating and intermediate
structures, and backflow devices may be required where
necessary. Exfiltration systems shall be equipped with
clean outs at all terminating points.
(12) Temporary ponding is allowable in areas specif-
ically designed with high percolation rates (such as east of
SR A -I -A on the Barrier Island) so that ponding does not
last more than eight (8) hours.
(13) Materials used in drainage facilities which cross,
traverse, or encroach major roads as depicted on the Indian
River County Thoroughfare Plan shall be concrete designed
for a fifty (50) year life.
(14) All stormwater facilities shall be established in
dedicated water management tracts, easements or specified
common areas. Condominium documents, deed restrictions, or
other legally binding instruments shall describe the lo-
cation of such areas, specifically define the the mechanism
for preservation of and maintenance of any private drainage
systems, and shall appoint an entity responsible for mainte-
nance and preservation. All water management tracts shall
include a maintenance berm, with a slope not steeper than 8
foot horizontal to 1 foot vertical. In addition such
facilities, as well as open channels and ponds, shall have
an easementfor access to and around the perimeter for
maintenance. Retention or detention facilities above and
below, the designed high water elevation shall be graded to
slopes not steeper than �! 4 foot horizontal to 1 foot
vertical. Dry retention slopes and wet retention slopes
above the design low water elevation shall be grassed or
otherwise stabilized. Retention or detention ponds in high
traffic areas shall be fenced.
(15) In watershed areas where the County has adopted a
Stormwater Management master plan, all proposed facilities
shall be in conformance with the adopted plan.
(16) Stormwater systems connected to local 298 Drainage
Districts' facilities shall be designed with consideration
given to the capacity of the District's overall system and
shall be compatible with the objectives of each District.
(17) Rainfall runoff from roads, parking lots, roofs,
and other impervious surfaces shall be directed to areas
where percolation into the soil can be accomplished prior to
introduction into any off-site receiving facilities.
Pervious area on line shall be covered with grass or suit-
able ground cover which has effective filtering characteris-
tics.
(18) (a) The stormwater management system shall handle
all stormwater that flows into, through and from the project
without creating adverse impacts on other lands served by
the stormwater management system or by the receiving waters
relative to flooding, erosion hazards, or water quality and
quantity.
(b) No permit required by this 9!Aap or ordinance
shall be issued for any development project which is
designed to discharge directly into, or through an outfall
discharging
into "Outstanding Florida Waters" designated by State Law,
unless the system is designed in accordance with the follow-
ing criteria, in addition to all those otherwise stated by
this section:
(1) Runoff from roads, parking lots, roofs, and
other impervious surfaces shall be directed to grass swales
prior to entering a detention system.
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designed in a manner complying with the requirements of
Florida Administrative Code 17-4.242, as amended from time
to time, �/ IEhI�/ /� / kbb�vfl/ /dd / kktc►kQbb/ /#'ddt/d, and
applicant shall provide DER documentation and proof of such
compliance.
(19) The applicant will demonstrate that the develop-
ment project is not in a Flood Hazard Zone. Flood Hazard
Zones are identified under the following procedure:
(a) A Flood Hazard Zone shall encompass all lands
subject to inundation by the regulatory 100 year flood,
including lands in a Critical Flood Zone or Coastal High
Hazard Zone.
(b) A Critical Flood Zone shall encompass:
(1) Lands subject to inundation by a ten
(10) year flood, i.e., the flood that
has a ten (10%) percent probability of
being equalled or exceeded in any given
year.
(2) Wetlands, watercourses and waterbodies.
(3) Floodways (see (d) below).
(4) Isolated topographic depressions with a
history of flooding or a high potential
for flooding.
(c) A Costal High Hazard Zone shall encompass
areas subject to high velocity waters caused by, but not
limited to, hurricane wave wash.
-(d) A Floodway shall include the normal channel
of a watercourse and adjacent lands that must remain unob-
structed to convey the regulatory flood discharge without
causing flood elevations to rise along any stretch of the
watercourse above a specified permissible increase known as
the floodway surcharge. The floodway surcharge shall be
established, considering both existing and potential devel-
opment, at a level that avoids an increase in potential
flood damage. The floodway surcharge may be increased;
however, if a developer wishes to construct some additional
13
obstruction, he must first obtain flowage easements from the
owners of all land that would be affected by increased
levels. In no case, however, may a floodway surcharge
exceed one foot. The floodway shall normally be calculated
assuming equal encroachment on the floodplain from both
sides of the watercourse, unless legally enforceable deed
restrictions, limiting development rights, are recorded for
the lands needed for the floodway.
(e) Flood Hazard Zones, Critical Flood Zones,
Coastal High Hazard Zones and flood elevation data may be
identified through flood hazard studies and delineated on
the Official Flood Hazard Map. A copy.of the Official Flood
Hazard Map and supporting data is attached and incorporated
by reference into this ordinance (Appendix B). As new or
better information becomes available, this ordinance will be
amended to incorporate new maps and flood elevations and
other data. Current maps and supporting information may be
inspected at:
Indian River County Administration Building
Community Development Division
1840 25th Street
Vero Beach, Florida 32960
(f) Sufficient funds have not been available to
map the entire land area of Indian River County and perform
the engineering studies necessary to identify Flood Hazard
Zones, Critical Flood Zones, Coastal High Hazard Zones and
Flood Protection Elevations. The standards of this ordi-
nance shall also apply to development outside of mapped
area, and information submitted by the developer or other-
wise available to the Community Development Director shall
be used to determine whether the project is within a Flood
Hazard Zone as set forth above.
SECTION 7 Be Stormwater Management and Flood Pro-
tection Permit (Type B) ,
When a development project is determined to be within a
Flood Hazard Zone according to the procedure set forth in
Section 7 A (19) (a -f), a Type B Permit shall be required
and the project shall be reviewed under the criteria of
Section 7 (A) and must meet the following additional crite-
ria;
(1) Except for those development projects within the
100 -year flood plain along the Indian River, an equal volume
of storage capacity must be created for any volume of the
regulatory flood that would be displaced by fill or struc-
tures. For those development projects within the 100 -year
flood plain of the Indian River, an equal volume of storage
capacity must be created for any volume of the regulatory
flood that would be displaced by fill or structures below
elevation 4.0 ft. NGVD or the 10 -year Flood elevation which
has been determined by FEMA, whichever is greater.
(2) The velocity of the regulatory flood must not be
adversely altered on any watercourse.
(3) All structures, including buried storage tanks,
must be anchored as necessary to resist flotation, lateral
forces and the impact of floating debris.
(4) No development will be allowed that poses a
significant threat of releasing harmful quantities of
pollutants to surface waters or groundwaters during flood-
ing.
(5) The Flood Protection Elevation shall be set for
each project at the elevation of the regulatory flood plus
one foot. In Coastal High Hazard Zones, the Flood Pro-
tection Elevation shall be established with consideration
given to wind -drive wave action. All construction within the
Indian River County Coastal Zone shall be in compliance with
the County's current Coastal Construction Code.
(6) Residential buildings must have the lowest floor
elevated to the Flood Protection Elevation for that site.
If fill is used for foundation support, the elevation of the
soil support shall not be greater than that which would
result from the erosion reasonably anticipated as a result
of the design storm conditions.
(7) Industrial, commercial or other non-residential
buildings must have the lowest floor elevated to the Flood
Protection Elevation or be flood -proofed as follows:
(a) A Florida registered Professional Engineer or
Architect must certify that the building has been designed
and constructed so that below the Flood Protection Ele-
vation, the structure and attendant utility facilities are
watertight and capable of resisting the effects of the
regulatory flood. The design must take into account flood
velocities, duration, rate of rise, hydrostatic and hydro-
dynamic forces, the effect of buoyancy, scour, erosion, and
impacts from debris.
(b) Flood -proofing measures must be operable
without human intervention and without an outside source of
electricity.
(8) Accessory buildings may be constructed below the
Flood Protection Elevation provided there is minimal poten-
tial for significant damage by flooding.
(9) Sewage treatment and potable water supply systems
must be designed and located to prevent inflow or
Elevation. Electrical and communications utilities must be
designed to avoid flood damage up to the Flood Protection
Elevation.
(10) Mobile homes must be anchored, tied down and
blocked in accordance with the standards of Section 15C-
1.10, Florida Administrative Code. Mobile homes must not be
installed in a floodway or coastal High Hazard Zone.
(11) If any lot in a residential subdivision lies
within a Flood Hazard Zone, then the following additional
standards apply to approval of the plat:
(a) Each lot must include a site suitable for
constructing a residential building in conformity with the
standards of this ordinance.
(b) One or more elevation benchmarks must be
established and indicated on the plat. Said elevations must
be referenced to the NGVD (1929) and shall be calculated to
within 0.1 feet.
(c) 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 promi-
nently displayed on the document:
FLOOD HAZARD WARNING
"This property may be subject to flooding.
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."
(12) All roads shall be set at or above the ten year
flood elevation, but in no case shall a road be constructed
at an elevation below five feet above sea level. All roads
shall be designed to maintain drainage flow beneath the road
bed so that equalization may occur.
(13) If the development project is in a Critical Flood
Zone, it must be demonstrated, in addition to compliance
with Paragraphs 1 through 12, that:
(a) The elevation or velocity of the regulatory
flood will not be increased as a result of any obstruction
or displacement of flood waters.
(b) There is no significant threat of releasing
quantities of pollutants which have the effect of degrading
water quality below standards established in Florida Admin-
istrative Code Chapter 17-3, as amended from time to time,
to surface or groundwater during the regulatory flood.
contamination
of surface waters up
to the Flood Protection
Elevation. Electrical and communications utilities must be
designed to avoid flood damage up to the Flood Protection
Elevation.
(10) Mobile homes must be anchored, tied down and
blocked in accordance with the standards of Section 15C-
1.10, Florida Administrative Code. Mobile homes must not be
installed in a floodway or coastal High Hazard Zone.
(11) If any lot in a residential subdivision lies
within a Flood Hazard Zone, then the following additional
standards apply to approval of the plat:
(a) Each lot must include a site suitable for
constructing a residential building in conformity with the
standards of this ordinance.
(b) One or more elevation benchmarks must be
established and indicated on the plat. Said elevations must
be referenced to the NGVD (1929) and shall be calculated to
within 0.1 feet.
(c) 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 promi-
nently displayed on the document:
FLOOD HAZARD WARNING
"This property may be subject to flooding.
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."
(12) All roads shall be set at or above the ten year
flood elevation, but in no case shall a road be constructed
at an elevation below five feet above sea level. All roads
shall be designed to maintain drainage flow beneath the road
bed so that equalization may occur.
(13) If the development project is in a Critical Flood
Zone, it must be demonstrated, in addition to compliance
with Paragraphs 1 through 12, that:
(a) The elevation or velocity of the regulatory
flood will not be increased as a result of any obstruction
or displacement of flood waters.
(b) There is no significant threat of releasing
quantities of pollutants which have the effect of degrading
water quality below standards established in Florida Admin-
istrative Code Chapter 17-3, as amended from time to time,
to surface or groundwater during the regulatory flood.
(c) The capacity of the Critical Flood Zone to
store and convey surface waters or perform other significant
water management functions will not be impaired.
(14) If the development project is in a Coastal High
Hazard Zone, it must be demonstrated, in addition to compli-
ance with Paragraphs 1 through 13, that:
(a) All buildings or structures shall be elevated
so that the lowest horizontal supporting member is located
no lower than the Flood Protection Elevation, with all space
below the lowest horizontal supporting member open so as not
to impede the flow of water. Beach dune type fill may be
placed beneath the structure provided that the fill would
not enhance erosion on neighboring property and is designed
to be compatible with surrounding topography and does not
result in latteral forces for which the foundation has not
been designed. Such space shall not be used for human
habitation nor enclosed in the future. Lattice work, Ot
decorative screening, or native beach fill may be construct-
ed below the flood protection elevation provided it is not
part of the structural support of the building and is
designed so as to break away, under abnormally high tides or
wave action, without damage to the structural integrity of
the building. Solid walls will not be allowed. Only wood or
mesh screening may be used.
(b) Pilings or columns shall be used as struc-
tural supports and shall be designed and anchored to with-
stand all applied loads of the regulatory flood including
velocity flow and hurricane wave wash. Piling embedment
must be designed to provide for scour, erosion, and loss of
soil below design grade. Fill must not be used as struc-
tural support. Compliance with these provisions must be
certified by a Florida registered Professional Engineer.
(c) Sand dunes or mangrove stands are not altered
so as to increase potential flood damage.
SECTION 7 C. STORMWATER MANAGEMENT PERMIT (TYPE C)
A Type "C" Permit or Flood Protection Permit is
required prior to the construction of an individual detached
single family residence, duplex residence or accessory
structure which is located in a Flood Hazard Zone as defined
in Section 7A(19)(a-f). The Type "C" Permit shall be issued
upon the applicant demonstrating compliance with Section
7B(1-14)*
SECTION 8 REQUIRED INFORMATION FOR PERMIT APPLICATIONS
A. Type A Permit - A detailed description and drawing
(scale 1"=50' or larger) of the proposed stormwater manage-
ment system shall be submitted to the Community Development
Director by a Florida registered engineer or, for any
development project constructed on a site of 1.00 acre or
less, a Florida registered architect as long as any engi-
neering service involved in the design is purely incidental
to the architect's practice, as provided for in Florida
Statutes §481.229 (1981), as may be amended from time to
time. The following information shall be required:
(1) Hydrologic data including design rainfall,
project drainage area, tributory offsite drainage area,
percolation tests, existing and proposed impervious area and
soil characteristics including depth to 00$00i4J wet season
high water table (MSL). Soil boring at four hundred (4001)
feet spacing to a depth of six (6') feet shall be provided.
Alternate representative soil profiles may be used if
approved in writing by the Public Works Director and if
demonstrated to be from a reliable and generally recognized
source. A one foot interval contour topographic map of
development area including offsite area of sufficient size
to indicate the general neighboring elevations and drainage
patterns shall be provided. Justification for wet season
water table assumptions shall be provided.
(2) Hydrologic calculations for determining
existing and proposed stormwater runoff.
(3) Hydraulic data including receiving water
stages, stage -storage and stage -discharge data for proposed
retention and/or detention facilities, and percolation test
data as per the following procedure:
(a) The test holes shall be located as close
as possible to the proposed location of exfiltration trench
or other percolation facility (vertical and horizontal) and,
if critical, to a depth two (2') feet below the water table
(MSL) at the time of the test.
(b) a hole for each test of approximately
twelve (12") inches diameter (or as required for a maximum
clearance of one-half 0") inch between the hold and the
test casing) is excavated to the required depth and the
casing is lowered into the hole with a minimum of twelve
(12") inches extending above the surface of the grade.
(c) The test casing shall consist of a pipe
that is at least eight (8") inches in diameter with perfo-
rations in approximately the bottom seventy-five (75%)
percent of the length as measured from the surface. The
bottom of the casing shall be pointed. Exfiltration incre-
ments shall be measured with a suitable gauging device.
(d) Fill the test bore to six (6") inches
above the surface of the existing grade and run the test no
later than two (2) hours after the level has exfiltrated to
below surface of existing grade. In all cases test runs are
to start only after the first two (2") inches have
exfiltrated. If a dry season condition exists, the test
shall begin when the soil is moist and a wet season condi-
tion is simulated.
(e) Run tests for at least thirty (30)
minutes and record at least the date, weather, project name,
name of person conducting test, test number, location on
site, sketch of hole and casing, groundwater conditions,
incremental drop and time, and subsurface soil information.
Information shall be tabulated and attested to by a register-
ed professional engineer, licensed to practice in the State
of Florida. The County Division of Public Works must be
notified at least twenty-four (24) hours in advance of the
tests being conducted and reserves the right to witness the
test procedure. Exfiltration rates for designing the site
drainage facilities shall be determined by the developer's
engineer from these tests based on percolation rate experi-
enced at the elevation of the proposed system using a safety
factor of 2 or greater. Alternate percolation or permeabil-
ity tests procedures may be used if approved in writing by
the Division of Public Works prior to their use.
(4) Hydraulic calculations for size channels,
culverts, inlets, retention/detention ponds, pond discharge
structures, and determining discharge rates and maximum
water surface elevations.
(5) Erosion and Sedimentation Control Plans,
during and after construction.
(6) Statement of all assumptions and reference
sources used in conduct of the study.
(7) A certificate from a professional engineer
licensed in the State of Florida that the soils are suitable
and proper for the uses and purposes of the proposed devel-
opment in a wet season condition, or submission of a plan
calling for the removal and replacement of unsatisfactory
soils. If the applicant submits a plan for removal and
replacement of soils, the applicant shall submit a certifi-
cate from a professional engineer after the removal and
replacement of soils has been completed, stating the new
soils are suitable and proper for the uses and purposes of
the proposed development. Such certificate shall be fur-
nished to the Public Works Director prior to the issuance of
a certificate of completion.
(8) Where percolation is proposed, at least one
boring per basin shall be submitted. Said borings shall be
to a depth of twenty (20') below the invert of the basin or
to a depth sufficient to locate the groundwater table or
impervious soil layer.
(9) A general description of the manner in which
the stormwater management system is to be maintained,
indicating who or what entity shall be responsible and by
what method the responsibility shall be created and docu-
mented.
(10) A list of all agencies (State, Federal or
local) having permit jurisdiction for the project. A copy
of all state, local, SJRWMD, and.federal permits shall be
submitted prior to issuance of a building permit. In cases
where a surface water management permit is required from the
SJRWMD, identical plans and calculations shall be submitted
for review and coordination between the County and the
SJRTIMD .
B. Type B Permit and Type C Permit - In addition to
the information required for Type A permits in Article A of
this section, an applicant for a Type B Permit shall submit
to the Community Development Director
all information required in Section 8
X0l all information showing compliance with Section 7 B-, of
this ordinance, and the following
(1) Elevation in relation to mean sea level of
the proposed lowest floor (including basement) of all
structures.
(2) Elevation in relation to mean sea level to
which any non-residential structure will be flood -proofed.
(3) Provide'a certificate from a Florida regis-
tered professional engineer or architect that the
404 t004$04f $X//fV0;::1cY-WgVf(d proposed structure and site
work design meets the fjoodf16 00f At applicable criteria A
000t 04/7/0/MIU 16YI set forth in this ordinance.
(4) Description of the extent to which any
watercourse will be altered or relocated as a result of
proposed development.
An applicant for a Type "C" permit shall submit all
information showing compliance with Section 7B of this
Ordinance and all information required in Section 8B (1-4).
SECTION 9. REQUIRED�INFORMATION TO BE SUBMITTED BY
TYPE B PERMIT APPLICANTS AFTER ISSUANCE
OF PERMIT
Applicants receiving Type B or Type C Permits shall
provide to the Community Development Director a flood
elevation or flood -proofing certifications after the lowest
floor is completed, or in instances where the structure is
in a Coastal High Hazard Area, after placement of the
horizontal structural members of the lowest floor. Within
twenty-one (21) calendar days of establishment of the lowest
floor elevations, or flood -proofing by whatever construction
means, or upon placement of the horizontal structural
members of the lowest floor, whichever is applicable, it.
shall be the duty of the .permit holder to submit to the
Community Development Director, a certification of the
elevation of the lowest floor, flood -proofed elevation, or
the elevation of the lowest portion of the horizontal
structural members of the lowest floor, whichever is appli-
cable, as built, in relation to mean sea level. Said
certification shall be prepared by, or under the direct
supervision of, a registered land surveyor or professional
engineer and certified by same. When floor -proofing is
utilized for a particular building, said certification shall
be prepared by or under the direct supervision of a profes-
sional engineer or architect and certified by same. Any
work done within the twenty-one (21) calendar day period and
prior to submission of the certification shall be at the
permit holder's risk. The Community Development Director
shall review the Flood Elevations Survey data submitted and
shall respond promptly as to any deficiencies noted.
Deficiencies detected by such review shall be corrected by
the permit holder immediately and prior to further work
being permitted to proceed. Failure to submit the survey,
or failure to make said corrections required hereby, shall
be cause to issue a stop -work order for the project.
SECTION 10, PERMIT APPLICATION AND REVIEW PROCEDURES
A. Preliminary Permit Application - Any person who is
in doubt as to whether a proposed activity required a
permit under this ordinance may request a review by the
Community Development Division upon completion of a prelimi-
nary application form supplied by the Division. No fee
shall be charged for preliminary application. The prelimi-
nary application form shall be filed- by the owner/applicant
and shall contain the following elements:
(1) A location map,
(2) A statement and sketch expressing the intent
and scope of the proposed project.
Review - The completed preliminary application
shall be submitted to the Community Development Director to
be reviewed by the Community Development Director and the
Public Works Director. Within ten (10) working days after
submission of the complete preliminary application, the
Community Development Director will notify the applicant
that either the project is approved, is exempt, or a formal
permit application must be filed for the project.
B. (1) Type A or B Permit Applications - If a Type A
or Type B Permit is required for the project, the applicant
shall furnish all required stormwater management informa-
tion, together with flood protection information, if appli-
cable, to the Community Development Director on forms
..furnished by the Department. The requirements of this
ordinance shall be reviewed during the site plan or subdivi-
sion review processes if the project would otherwise
require site plan or subdivision review. If such review is
not otherwise necessary, the Department shall review the
application and render a decision as to whether the require-
ments of this ordinance are met within fifteen (15) working
days.
(2) Type C Permit Application - If a Type C
Permit is required for the project, the applicant shall
furnish all necessary flood protection information to the
Community Development Director on forms furnished by the
Department. The applicant shall be reviewed within ten (10)
working days of receipt of the application or at the time of
consideration of the request for a zoning permit, whichever
first occurs.
SECTION 11, ADMINISTRATIVE DUTIES
A. Stormwater Management:
Duties of the Public Works Director:
The Public Works Director shall perform the
following specific duties:
(1) Make all professional engineering determina-
tions required with respect to analysis of any given appli-
cation.
(2) Approve any changes or amendments to an
approved stormwater management plan.
(3) Provide courtesy notice as to the general
description and location of newly constructed wet or dry
retention facilities to the Indian River County Mosquito
Control District.
(4) After the completion of a project, require
as -built plans from the owner or applicant and a Certificate
of Completion from the Engineer of Record.
(5) Any system required by this ordinance shall
be maintained by the owner, successor owners, or an entity
designated by the owner except that the Director may accept
certain systems for County maintenance. The selection of
critical areas or structures to be maintained by the County
shall be recommended to the County Commission by the Direc-
tor. All areas or structures to be maintained by the County
must be dedicated to the County by plat or separate instru-
ment and expressly accepted by the County Commission. For
any system which is to be maintained by a party other than
the County, easements shall be established which permit the
County to inspect and if necessary, as determined by the
County, to take corrective action should the party fail to
properly maintain the system. Such easements shall also
establish a right of entry for the Indian River County
Mosquito Control District for the limited purpose of in-
spection, prevention, or treatment of mosquito infestations,
as allowed by law. Should a party fail to properly maintain
a system as required, the Director shall give such party
written notice of the nature of the corrective action
necessary. Should the party fail, within thirty (30) days
from the date of the notice to take, or commence taking,
corrective action to the satisfaction of the Director, the
County may enter upon lands, take corrective action and the
22
cost of such corrective action shall become a lien on the
.property benefited.
B. Flood Protection Management:
Duties of the Community Development Director:
The Community' Development Director shall have
authority to administer this ordinance, and shall perform
the following specific. duties:
(1) Determine any additional information that
must be submitted for flood management review.
(2) Review applications for compliance with the
standards of this ordinance after input from the Public
Works Director and the County Attorney as to those matters
within their professional disciplines, and either approve,
approve with conditions, or deny the application based on
that review. If application approval is denied, the Commu-
nity Development Director shall state the reasons, however,
it is not the responsibility of the Community Development
Director to design an acceptable development.
(3) Maintain a record of the actual, "as -built"
elevation or flood -proofing of all buildings constructed
.after flood management review.
(4) Coordinate the review with other permitting
agencies, if necessary.
(5) Notify adjacent communities, the St. John's
River Management District and the State of Florida Depart-
ment of.Community Affairs -prior to alteration or relocation
of a watercourse and provide a copy of such notification to
the Federal Insurance Administrator.
(6) Maintain a record of all variances, including
justification for their issuance, and submit a copy annually
to the Federal Insurance Administrator.
(7) Interpret the boundaries of Critical Flood
Zones, Flood Hazards Zone. and Flood Protection Elevations
and interpret the boundaries drawn on the Official Flood
Hazard Boundary Map to reconcile elevation data and field
conditions.
(8) Issue notice of violation and otherwise
enforce this ordinance.
SECTION 12, APPEAL PROCEDURE
A. Duties of the Board of Adjustments - The Board of
Adjustments shall have the following duties in administering
this ordinance:
(1) Upon appeal by the developer, review de-
cisions of the Community Development Director regarding
interpretations of this ordinance, providing the appeal is
filed in writing within thirty (30) days of the action is
appealed.
(2) Issue variances from the standards of this
ordinance when all variance criteria are met.
Be Variance - The Board of adjustments may grant a
variance from the standards of this ordinance if the follow-
ing conditions are satisfied:
(1) The applicant meets the requirements of
Section 26 of the Indian River County Zoning Code, and
(2) Granting variance will not result in an
increase in the elevation of the Regulatory Flood, addition-
al threats to public safety, extraordinary public expense,
the creation of nuisances, fraud or victimization of the
public, or the creation of conflicts with other ordinances,
and
(3) No variance will be granted allowing a
development that would increase flood damage on other
property unless flowage easement have been obtained from the
owners of all affected property. In no case, however, will
a variance be granted that would increase the elevation of
the Regulatory Flood more than one foot.
Any applicant to whom a variance is granted shall
be given written notice specifying the exact nature of the
variance.
SECTION 13. NOTICE
A. In the event the Community Development Director
determines a violation exists, a written notice of violation
shall be issued to the owner of the property. The notice
shall contain:
(1) The name and address of the owner.
(2) The street address when available or a
description of the building or land upon which the violation
is occurring.
(3) A statement specifying the nature of the
violation.
(4) A description of the remedial actions neces-
sary to bring the development activity into compliance and a
time schedule for completion of such remedial action.
(5) A statement of the penalty or penalties that
may be assessed against the person to whom the notice of
violation is directed.
(6) A statement that the Community Development
Director's determination of violation may be appealed to the
Board of Adjustments by filing a written notice of appeal
within thirty (30) days of service of notice of violation.
Be The notice of violation shall be served upon the
person(s) to whom it is directed either personally, in the
manner provided for personal service of notices by the court
of local jurisdiction, or by mailing a copy of the notice of
violation by certified mail, postage prepaid, return receipt
requested to such person at his or her last known address.
SECTION 14 ENFORCEMENT..
A. Any violation of this ordinance: is a public
nuisance and may be restained by injunction or otherwise
abated in a manner provided by law.
Be In addition.to or as an alternative to any penalty
provided herein or by law, any person who violates the
provisions of this ordinance shall be.punished by a fine of
not more than FIVE HUNDRED DOLLARS ($500.0.0) or by imprison-
ment in the county jail for a period not to exceed sixty
(60) days, or by both ,such fine and imprisonment. Such
person shall be guilty of a separate offense for each day
during which the violation.occurs and continues.
C. Any violator may be required to resore land to its
undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the County
may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
SECTION 15, VESTED RIGHTS
This ordinance shall not limit the vested rights of any
person to complete any development project for which ap-
proval was properly granted based upon prior law, where such
previous approval remains in effect. The County Commission
may acknowledge vested rights in other circumstances where
it is,equitable and just.
SECTION 16. CONFLICT WITH OTHER ORDINANCES AND CODES
In case of a conflict between the provisions of this
ordinance and prior ordinances, the prior ordinance shall be
deemed repealed to the extent of such conflict. Indian
River County Ordinance 78-25, as amended and codified, and
Section 23 (k) of the Indian River County Zoning Code,
pertaining to flood protection and stormwater management
control and criteria respectively, are hereby expressly
repealed.
SECTION 17. SEVERABILITY
Each separate provision of this ordinance is deemed
independent of all other provisions so that if any section,
sentence, clause, phrase.or work of this ordinance is held
or declared unconstitutional, inoperative or void, all other
provisions shall remain valid and.enforceable.
SECTION 18. EFFECTIVE DATE
This ordinance shall take effect immediately upon
receipt of the official acknowledgement from the office of
the Secretary of State, of the, State of Florida, that this
ordinance has been filed with that office, or upon December
1, 1982, whichever date shall last occur, provided, however,
that any development project for which a completed applica-
tion.for subdivision or site plan approval, as the case may
be or a completed application for zoning permit in the event
subdivision or site plan approval is not required, has been
received by the Community Development Division prior to the
effective date hereof may be considered, at the option of
the developer, under the law existing prior to the effective
date hereof.
Approved and adopted by the Board of County Commission-
ers of Indian River County, Florida on this 2nd day of
April 1986.
`,COMMISSIONERS
me-;COUNT`Y6
•rz.
Acknowledgment by the Department of State of the
Florida this 21st day of April 1986.
Effective Date: Acknowledgment from the Department of State
received on this 24th day of April IF 1986, at
11:00 A.M./P.M. and filed in the Office of the Clerk of
the Board o County Commissioners of Indian River County,
Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY ,
BRUCE BARKETT, Assistant
County Attorney