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HomeMy WebLinkAbout1986-70 (2)e Section 1 ORDINANCE NO. 86-70 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING APPENDIX B OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE SUBDIVISION AND PLATTING ORDINANCE; PROVIDING FOR PROCEDURES FOR SPLITTING PLATTED LOTS; REQUIRING TRAFFIC IMPACT ANALYSES FOR CERTAIN PROJECTS; ENSURING IMPROVEMENT OF EXISTING ROADS UTILIZED BY PROJECTS; ALLOWING PERMITTED LAND CLEARING ACTIVITIES PRIOR TO THE ISSUANCE OF A LAND DEVELOPMENT PERMIT; PROHIBITING THE ISSUANCE OF CERTIFICATES OF OCCUPANCY WITHIN SUBDIVI- SIONS PRIOR TO COMPLETION OF REQUIRED IM- PROVEMENTS; REESTABLISHING RIGHT-OF-WAY AND PAVEMENT WIDTHS BY ROAD TYPE; EXEMPTING SIDEWALK REQUIREMENTS ON STREET SEGMENTS PERMANENTLY CLOSE -ENDED BY CUL-DE-SACS; INCLUDING CURVES IN LOT FRONTAGE CHORD DISTANCE STANDARDS AND ESTABLISHING A METHOD OF DETERMINING FRONT YARD SETBACKS FOR LOTS FRONTING ON CUL-DE-SACS OR CURVES; AND PRO- VIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE, BE IT ORDAINED by the Board of County Commis- sioners of Indian River County, Florida that: Section 6(A) of Appendix B, Indian River County Code of Laws and Ordinances is hereby amended as follows: (A) Unlawful activity. It shall be unlawful and with the provisions of this ordinance and filing a plat approved by the Board of County Commis- sioners unless exempt under section 6(b) or 6(c). The dividing of land into two (2) parcels without filing a plat under the provisions of this ordinance, where the land divided was the result of a previous division of land into two (2) parcels which occurred after the date of adoption of this ordinance, is prohibited. CODING: Words in strtoXtr rt type are deletions from existing law. Words underlined are additions (1) Create a subdivision herein for first complying to: subject to the penalties provided any person with the provisions of this ordinance and filing a plat approved by the Board of County Commis- sioners unless exempt under section 6(b) or 6(c). The dividing of land into two (2) parcels without filing a plat under the provisions of this ordinance, where the land divided was the result of a previous division of land into two (2) parcels which occurred after the date of adoption of this ordinance, is prohibited. CODING: Words in strtoXtr rt type are deletions from existing law. Words underlined are additions (1) Create a subdivision without first complying with the provisions of this ordinance and filing a plat approved by the Board of County Commis- sioners unless exempt under section 6(b) or 6(c). The dividing of land into two (2) parcels without filing a plat under the provisions of this ordinance, where the land divided was the result of a previous division of land into two (2) parcels which occurred after the date of adoption of this ordinance, is prohibited. CODING: Words in strtoXtr rt type are deletions from existing law. Words underlined are additions b H ORDINANCE NO. 86 - 70 (2) Divide property by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area, width and depth requirements prescribed by the zoning regulations and land use plan of Indian River County as applied to the lots created, unless exempt under section 6(b). (3) Divide property by any means where the resulting lots have frontage on a dedicated public or private right-of-way (street) less than the minimum lot width of the zoning district appli- cable to the lots created, unless exempted under section 6(b) or the lot fronts upon a cul-de-sac and meets the requirements of section 10 (g) (3) (e) . (4) Commence the construction of any improvements required under this ordinance or commence land -clearing or grubbing, without first having obtained a land development permit from Indian River County or fail to construct or maintain improvements in accordance with the land devel- opment permit, plat approvals or this ordinance. (5) Create a public or private street without platting in accordance with the applicable provisions of this ordinance. (6) Divide any lot in a platted subdivision, that was approved by the Board of County Commissioners, in a manner which results in construction sites smaller than the CODING: Words in 4tt1doXfi Art type are deletions from existing law. Words underlined are additions A 0 ORDINANCE NO. 86 - 70 surrounding lots in the subdivision unless approved by the County Commission after: A hearing reviews the request and makes a recommendation to the Board of County Commissioners, and b. The Board of County Commissioners at a public hearing, approves, approves with conditions, or denies the request. Written notice of the public X4A 440 hearings shall be mailed certified to the owner of each lot in the subdivision at least fifteen (15) days in advance of each hearing. Prior to approval of a lot split, the Board of County Commissioners shall determine that: - no substantial negative neighborhood a. The planning and Zoning Commission at a public hearing reviews the request and makes a recommendation to the Board of County Commissioners, and b. The Board of County Commissioners at a public hearing, approves, approves with conditions, or denies the request. Written notice of the public X4A 440 hearings shall be mailed certified to the owner of each lot in the subdivision at least fifteen (15) days in advance of each hearing. Prior to approval of a lot split, the Board of County Commissioners shall determine that: - no substantial negative neighborhood impacts are anticipated as a result of the split or subsequent similar neighborhood lot splits; the resulting lots conform to the applicable county Zoning requirements and state regulations, the resultina lots are buildable under current regulations, no substantial adverse impacts on existing infra- structure are anticipated, as the result of the split or subsequent similar neighborhood lot splits, via the resulting increase in density or intensity of use; and. - the applicant has adequately demonstrated that no recorded deed restrictions or covenants prohibit the division or splitting of lots. Section 7(d)(5) of Appendix B, Indian River County Code of Laws and Ordinances is hereby amended as follows: CODING: Words in strooxtr rA type are deletions from existing law. Words underlined are additions h i ORDINANCE NO. 86 - 70 7(d)(5) Additional information required (preliminary plat). In addition to the information required to appear on the preliminary plat, the applicant shall supply the County with the following: a. An aerial photograph depicting the boundary lines of the project shall be supplied together with a survey of the existing site certified by a registered land surveyor indicating that the survey meets the minimum technical standards for land surveying in Florida pursuant to Florida Statutes section 472.07 and chapter 21HH-6.01, Florida Administrative Code, as supplemented and amended from time to time, with contour lines at one -foot intervals showing the following information: 1. Watercourses and all free-flowing wells, if any, 2. All water bodies showing the approximate mean high high waterline, 3. All environmentally sensitive land as defined by the Indian River County Comprehensive Plan, 4. All trees identified as required by the Indian River County Tree Protection Ordinance, 5. Coastal construction control line. (Ord. No. 85-62 §3, 7-17-85). b. A description of existing site conditions including: 1. Soil conditions and analysis, 2. The groundwater table, 3. Drainage pattern on site and within two hundred (200) feet of the site boundary, CODING: Words in OttiA¢XftXtA type are deletions from existing law. Words underlined are additions M ORDINANCE NO. 86 - 70 4. Vegetation, 5. Floodplain data on site and within two hundred (200) feet of the subject site. c. A sketch showing: 1. Any existing water management or utility facil- ities, 2. Proposed stormwater management plan and control facilities and general grading plan, 3. Utility sources, distribution and collection lines, if available, including but not limited to water, sewer, electricity, cable television and telephone, 4. The proposed locations of street lights, side- walks and bike paths, if any, 5. The proposed finished, grade elevations of all d. A general description of the subdivision including: 1. Number of lots, 2. Approximate area of the lots, 3. Approximately building size and type, 4. Projected use of building(s), 5. Proposed phases of the subdivision, 6. Proposed open space, public and private, 7. Drafts of proposed deed restrictions, protective covenants, intended dedications, proposed property owner association documents, or a written description of proposed content of such documents if they are not available, CODING: Words in type are deletions from existing law. Words underlined are additions ORDINANCE NO. 86 - 70 8. For projects of more than forty (40) gross acres, a review report considering the effect the project will have on existing: (a) Streets (traffic impact), (b) Utilities, (c) Schools, (d) Hospital services, (e) Recreation, (f) Prime aquifer recharge areas, (g) Area wide drainage project, all planned phases and areas of development to be platted shall be included. 9. For projects generating/ attracting at build -out one thousand (1,000) trips per day or more, a traffic impact analysis, in accordance with Section 23.3(d)(2) of the site plan review standards, shall be submitted and approved. For purposes of calculating trips, all planned phases and areas of development shall be inclu- ded. Trip generation rates (that are acceptable to the Public Works director) shall be used . Section 7(d)(8)a. of Appendix B, Indian River County Code of Laws and Ordinances is hereby amended as follows: a. No preliminary plat shall be approved if it: 1) Fails to comply with all ordinances of Indian River County, including but not limited to the comprehensive CODING: Words in 4ttiA¢Xft4tid type are deletions from existing law. Words underlined are additions n ORDINANCE NO. 86 - 70 plan, the zoning regulations, this ordinance, the storm water management and flood protection ordinance and the Indian River County Standard Design Specifications; 2) Adversely affects the community or neighborhood in which the project is located; 3) Fails to provide adequate street connectors with the existing street network, which may include off-site im- provements to and paving of the existing street network that accesses and serves the project, to ensure free access and circulation or creates a traffic impact that lowers the level of service on any existing street below level of service C (see section 10(a); 4) Fails to comply with 4tAfflX4010j6 regulations or rules established by other governmental agencies with juris- dictions over any aspect of the project. Section 7(d)(13) of Appendix B, Indian River County Code of Laws and Ordinances is hereby amended as follows. 13) Land Development Prior to Approval Prohibited. No construction, land clearing or grubbing, with the exception of test facilities and minor underbrushing, and clearing activities permitted pursuant to a valid land clearing permit, may begin until a Land Development Permit has been issued by Indian River County. CODING: Words in t4lAOXfU41A type are deletions from existing law. Words underlined are additions ORDINANCE NO. 86 - 70 Establish Section 8(a)(6) of Appendix B, Indian River County Code of Laws and Ordinances as follows: 6) No certificates of occupancy for residential occupancy for any structure within a subdivision shall be issued until all required improvements of the subdivision or appropriate phase have been accepted by the County or, where required improvements are dedicated to a private association, until all required improvements have been completed and approved by the County. Amend Section 10(c)(2) of Appendix B, Indian River County Code of Laws and Ordinances as follows: (2) Minimum street widths. Minimum Minimum Right -of -Way Pavement Width Width Street Types (feet) (feet) Arterial 120 *24-48 Primary collector streets 100 *24-48 Secondary collector streets 80 *24-36 Subdivision feeder roads 60 24 Minor or residential streets 60 **20 (with swale drainage) Minor or residential streets 50 **20 (closed drainage, curb and gutter) Marginal access roads 40 (ease- **20 ment or right -of-way The minimum width shall be 12 feet per lane **The minimum required pavement width is 22 for two-way streets servicing projects requiring site plan approval. Two-way streets and access roads servicing heavy commercial or industrial uses shall have a minimum pavement width of 24'. CODING: Words in¢f� type are deletions from existing law. Words underlined are additions ORDINANCE NO. 86 - 70 The board may require the increase of right-of-way and pavement widths if it finds that the modification in width is consistent with the projected traffic needs and good engineer- ing practice. No variance will be granted on minimum right- of -way widths for public streets. Right-of-way widths for one-way private streets may be reduced from the above standards as approved by the public works director and the director of the planning and development division. Amend Section 10(e)(1) of Appendix B, Indian River County Code of Laws and Ordinances as follows: 1) Locations. Sidewalks shall be provided on one side of all arterial and collector streets and school access routes, and both sides of minor and marginal access streets located within a subdivisions set forth in the zoning regu- lation district applicable to the property, with the following exception. Sidewalks are not required along street segments of minor residential streets servicing single-family lots which: a. terminate in a cul-de-sac where future extension of the street bevond the cul-de-sac is not needed as determined by the county traffic engineer; be the public works director determines that the street segment is not a pedestrian school access route; and ce said segments shall run from the cul-de-sac to the nearest cross -street. CODING: Words in%�i¢f�11� type are deletions from existing law. Words underlined are additions El 0 ORDINANCE NO. 86 - 70 Amend Section 10(g)(3)e of Appendix B, Indian River County Code of Laws and Ordinances as follows: The chord distance of lots that abut a cul-de-sac or curves where lot lines are radial from the road right-of-way shall be no less than thirty (30) feet. Said minimum chord distance shall be deemed to satisfy lot frontage requirements. Where the lot frontage is less than the minimum lot width required by the zoning code (for parcels fronting upon a cul-de-sac or curve), the building setback distance is the minimum required by the zoning code, or the distance to the point where the lot width equals the minimum width required by the zoning code, whichever is greater. Lot widths shall be measured at a right angle to the chord line. Required front yard setbacks that exceed the minimum required by the zoning code shall be shown on preliminary and final plats. All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincor- porated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. CODING: Words in t4lAOX t4 0 type are deletions from existing law. Words underlined are additions 0 0 ORDINANCE NO. 86 - 70 The provisions of this ordinance shall be incorporat- ed into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be uncon- stitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. EFFECTIVE DATE The provisions of this ordinance shall become effec- tive upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. CODING: Words in OttjAOX 44tid type are deletions from existing law. Words underlined are additions n a ORDINANCE NO. 86 -70 r Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this28 day of October 01 1986. r BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: �.J . DON C. SCURLOCK, JR., C I MAN Acknowledgment by the Department of State of the State of Florida this3lst day of October , 1986. Effective Date: Acknowledgment from the Department of State received on this 5th day of November 1986 at 11:00 A.M./P.M, and filed in the office of the Clerk of the Board of bounty Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BRUCE BARKETT, ASSISTANT COUNTY ATTORNEY APPROVED AS TO PLANNING MATTERS. /�., .��a 11111111111111110. �. � 0 .