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HomeMy WebLinkAbout2009-013 EmergORDINANCE 2009- 013 AN EMERGENCY ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRs) REGARDING SIDEWALK REQUIREMENTS FOR DEVELOPERS AND BUILDERS/LOT OWNERS; PROVIDING FOR AMENDMENTS TO CHAPTER 913, SUDBIVISIONS AND PLATS; AND CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES; BY AMENDING DESIGN STANDARDS AND REQUIREMENTS SECTION 913.09, AND BY AMENDING REVIEW STANDARDS AND REQUIREMENTS SECTION 914.15; BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the current international credit crisis has kept lending institutions from extending credit to many development projects in the community; and WHEREAS, within the next 45 days, Indian River County may need to draw up to $177,000 in sidewalk security on development projects in default of sidewalk construction contracts to implement current sidewalk requirements, and WHEREAS, Indian River County has determined that alternative sidewalk requirements will adequately provide for sidewalk improvements within development projects while significantly reducing the need for posting sidewalk security, and WHEREAS, the Board of County Commissioners of Indian River County declares an emergency exists and immediate enactment of this ordinance is necessary to avoid crushing impacts of the current crisis on the local Indian River County economy, NOW, THEREFORE, 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 section 913.09, Design standards and requirements, to read as follows: (5) Sidewalks. The project developer shall be responsible for the -provision ef providing sidewalk(s) improvements along the project site's frontage on all rights ef way (existing E)f efeated via the arterial, collector, and subdivision collector roadways (also known as Thoroughfare Plan roadways) in compliance with the Indian River County Comprehensive Bikeway and Sidewalk Plan, and the required improvements regulations of the site's applicable zoning district. Sidewalks shall also be provided on at least one (1) side of all roads within residential projects, and shall be known as "internal sidewalks". Residential subdivisions and planned developments with lot sizes of four (4) acres or more are exempt from the sidewalk requirement to provide internal sidewalks. (a) Specifications. All construction plans for required sidewalks shall be approved by the county public works director or the director's appointed designee. All sidewalks shall be constructed in accordance with the specifications listed in the Comprehensive Bikeway and Sidewalk Plan and the following general specifications: Bold Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF 2. ORDINANCE 2009- 013 Width: Be a minimum of five (5) feet wide, or wider if so specified in the Comprehensive Bikeway and Sidewalk Plan, along all Thoroughfare Plan roads., and within residential a minimum of four (4) feet wide along local roads and internal roads-prejeets. Within subdivisions and planned developments., a minimum six-foot strip of irrigated and sodded landscape area shall be provided between .the curb and the sidewalk. This area may be utilized for street tree plantings, or other landscaping approved by planning and engineering, where non -mountable curbs are provided. The method of irrigation shall be specified on the project's land development permit plans and approved by planning and engineering. Location: Be located outside the roadside recovery area unless protective devices are provided (e.g. non -mountable curbs). Accessibility: Provide Have a curb cut and/or ramp €er— wheelehair-s f r a1 at intersections, where required by federal and/or state in eemp ianee with a! f derul, state a leeal standardsand s ei .jean,,, for- >,andieapped accessibility requirements. 4. Guls de s -ac Cul-de-sacs: Sidewalks Be installed along the entire length of internal roadways, except for cul-de-sac circles as specified below and except for cul-de-sac road segments exempted under 913.09(5)(b)2.c. Internal sidewalks are not required around the circumference of roadway cul-de-sac circles. Where sidewalks are required along a roadway which terminates in a cul-de-sac and sidewalks following the circumference of the cul-de-sac circle are not proposed, the sidewalks shall terminate into the cul-de-sac circle pavement utilizing a design approved by the public works director or the director's appointed designee. 5 Function • Be designed to provide pedestrian access from residences to common recreation/community areas and to the public sidewalk system external to the proiect Where a proiect's internal sidewalk system is designed to connect to the external public sidewalk system through an adjacent project, the applicant for the "dependent" project shall coordinate with the applicant/owner of the adiacent proiect to ensure that the design and construction of the sidewalk system inter- connection is properly coordinated and accurately reflected on the proiect's land development permit drawings. (b) Provision. The developer shall be required to provide for construction of a required sidewalk segments(} in eemplianee with the following methods, as appr-wved by the publie wer-ks dir-eetef ef the d +,.,.'s appointeddesignee as follows: Sidewalk segments(s) along +'' ^, ghf ,. Thoroughfare Plan roadways. a. Exemptions. i. The developer is exempted from providing a sidewalk segment(s) along an unpaved thoroughfare plan roadway if the roadway is not scheduled for improvement on the county's 20 -year roadway improvements plan schedule. Bold Underline: Additions to Ordinance 2 Strike Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009- 013 ii. The developer may be exempted from providing a Thoroughfare Plan roadway sidewalk segment(s) by obtaining a determination from the public works and community development directors that the need for a sidewalk segment(s) along the adjacent thoroughfare plan roadway is precluded by physical or design constraints. b. Method. When required to' construct or provide a required Thoroughfare Plan roadway sidewalk segment(s), the developer shall: Construct the required sidewalk segment(s) if the roadway and corresponding sidewalk segment(s) are designated as a primary pedestrian corridor and if construction can satisfy the design and safety criteria of subsection 913.09(5)(a), as determined by the public works director or the director's appointed designee. As an alternative, the developer may delay construction by: "bonding -out for construction" of the segment(s) as described in subsection 913.09(5)(b)l.c. as approved by the public works director; or ii. Transfer to the county the obligation to construct the required sidewalk segment(s) by providing a cash payment of funds equal to one hundred (100) percent of the estimated cost to construct the required sidewalk segment(s) and executing an agreement for the transfer of responsibility for required improvements. The developer shall be responsible for clearing and grading the intended location of the required sidewalk segment(s) at the time clearing and grading for the development project is performed. The value of such clearing and grading shall be reflected in the cash payment amount provided by the developer. The cleared path shall be approved by the public works department and shall be selected so as to maximize tree preservation while maintaining compliance with the sidewalk design specifications listed in subsection 913.09(5)(a). C. Timing. The developer shall be responsible for providing the required Thoroughfare Plan roadway sidewalk segment(s) in compliance with subsection 913.09(5)(b)l.b.i. or ii. prior to receiving a certificate of completion for required subdivision improvements for the corresponding subdivision project. r }In the event that the developer is required to construct the required sidewalk segment(s) (subsection 913.09(5)(b)l.b.i.), the developer may delay construction of the required sidewalk segment(s) for a period of two (2) years beyond the final plat approval date of the corresponding subdivision development. In electing to bond -out for construction, the developer shall provide a completed contract for construction for remaining required sidewalk improvements and post security to guarantee the completed contract in conformance with subsection 913.10(1) construction security requirements. The developer shall have the ability to extend the contract for construction and posted security for a period of two (2) years, in addition to the original two (2) years, upon approval of both the public works director and the community development director. Bold Underline: Additions to Ordinance 3 Strike thfoug r: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009- 013 2. Sidewalk Internal sidewalk segments(s) along local roadways. a. Responsibility The developer shall be responsible for providing internal sidewalks along internal proiect roadways adiacent to proiect entrances and common areas. These developer -provided sidewalks shall be depicted on the approved proiect preliminary plat and land development permit. The builder/lot owner shall be responsible for providing the sidewalk required along his lot's street frontage, as depicted on the approved proiect preliminary plat and land development permit. The sidewalk segment shall be constructed and inspected prior to the issuance of a Certificate of Occupancy (C.O.) for the residence(s) on the builder's/lot owner's lot. b. Multiple phase proiects In addition to the requirements of 913.09(5)(b)2.a., above, the following requirements shall apply to multiple phase proiects that are under unified control. If a subdivision consists of multiple phases that are under unified control, sidewalks must be completed on ninety percent (90%) of the lots in the preceding phase prior to the issuance of a Certificate of Completion (C C) for the next phase of the proiect: If a certificate of comuletion on a subsequent phase is needed prior to the completion of ninety percent (90%) of the sidewalks in the preceding phase, then security, in conformance with subsection 913.10(1), construction security requirements, shall be posted to guarantee construction of sidewalks needed to meet the 90% completion requirement for the preceding phase. For purposes of calculating the 90% threshold, sidewalks adiacent to lots shall be considered completed if: A valid reservation agreement (as determined by the county attorney) with deposit has been signed by the end user of the lot, or ii. A valid contract (as determined by the county attorney) to build with deposit has been signed by the end user of the lot, or iii. A building permit application has been applied for construction of a residence on the lot. ac. Exemptions. A developer is exempt from providing a required internal sidewalk segment(s) along a local roadway which serves no more than twenty (20) lots and terminates in a cul-de-sac where a future extension of the street beyond the cul-de-sac is not required or possible as determined by the county public works director or the director's appointed designee. Bold Underline: Additions to Ordinance Strike through! Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009- 013 iiiii. A developer may obtain a waiver from providing a required internal sidewalk segment(s) by submitting a written request for such waiver from the community development director and the public works director based upon one (1) or more of the following criteria: A. It is anticipated that the use(s) (nonresidential projects only) will not attract or generate significant pedestrian traffic; B. A nearby existing or planned sidewalk will adequately serve anticipated pedestrian traffic attracted or generated by the corresponding subdivision project; C. The anticipated use(s) (nonresidential project only) or vehicular traffic characteristics of the subdivision are incompatible with pedestrian traffic; D. The location of the subdivision or existing street conditions are such that it is anticipated that sidewalks could not be effectively integrated into an existing or planned sidewalk system; E. The developer provides for an alternate route and/or improvement that adequately accommodates pedestrian traffic and movement and coordinates with existing and planned sidewalks. Decisions by the community development director and the public works director to approve, approve with conditions, or deny an exemption request may be appealed to the planning and zoning commission pursuant to the provisions of section 902.07. Planning and zoning commission decisions regarding exemption requests may be appealed to the board of county commissioners pursuant to the provisions of section 902.07. bd. Method. When required to construct or provide an Wired internal sidewalk segment(s), the developer shall: i. Construct a the required sidewalk segment(s) along a the local internal roadway or other- pedestrian easementif the r-eute i. designate' as safety efitefia of subseefien 913.09(5)(a), as detefmined by the publie w erks difeetef or- the difeetef's appeinted designee ee alternative route b approved under section 913.09(5)(b)2.ciiE. As an alternative to coup front" construction, the developer may delay construction by "bonding - out for construction" of the segment(s) as described in subsection 913.09(5)(b)2.ee.—er Bold Underline: Additions to Ordinance Strike threu& Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009- 013 ee. Timing. The developer shall be responsible for providing the his required internal sidewalk segment(s) in compliance with subsection 913.09(5)(b)2.b and 913.O9(5)(b)2.bd.i. erg, above prior to receiving a certificate of completion for required subdivision improvements, with the following exceptions: i. The developer may delay construction of the required sidewalk segment(s) beyond the final plat approval date of the corresponding subdivision development if such delay is needed to accommodate development of the common area or meet sidewalk requirements for multiple phase projects. If the developer qualifies for delay and elects to delay, then. in eleefing to delay , the developer shall provide a completed contract for construction for remaining required sidewalk improvements and post security to guarantee the completed contract in conformance with subsection 913.10(1). The construction contract and security arrangement may provide for annual reductions in the posted security amount based on completed and inspected sidewalk segments. The developer may initially delay construction of the required sidewalk segment(s) for a period of HR to two (2) years following final plat approval_, fegafgloss of the f,,mb�, �r to he M 4tedvia the subdivisien vr-eieet. The-dei=eleper- may, upan curperivcr-ccc-uzrate ertwo --(z)-j; a.s f.,. ......y .,:b... (.,) f6nefienal eenfintietts sidewalk system or- sub system in a timely tnaaaef-. ii. For projects platted prior to February 17, 2009, the The -developer (owners) and the county may agree to defer both sidewalk construction and the posting of security for future sidewalk construction if the following criteria are met: A. Existing project residents are provided a functional continuous sidewalk system or sub -system in a timely manner. Bold Underline: Additions to Ordinance 6 Strike through- Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009- 013 B. The developer (owners) defines the area of the subdivision where sidewalk construction and security posting are to be deferred, and agrees to not sell any lots/units or obtain any building permit for construction within the "deferral" area until sidewalks are constructed or security is posted. C. The agreement is in a form acceptable to the county attorneys office, and is structured as a covenant that cannot be terminated or modified without county approval. D. The agreement/covenant is recorded in the public records. iii. The developer meets the requirements for "Multiple phase projects" in section 913.09(5)(b)2.b., above. SECTION #2: Amend LDR section 914.15, Review standards and requirements, to read as follows: (6) Sidewalks. The project developer shall be responsible for the pfevisien f sidewalk(s) improvements along the project site's frontage on local roads and arterial, collector, and subdivision collector roadways (also known as Thoroughfare Plan roadways) in compliance with the Indian River County Comprehensive Bikeway and Sidewalk Plan, and the required improvements regulations of the site's applicable zoning district. Sidewalks shall also be provided either on both sides of all interior streets that lie within rights-of-way and/or easements created via a subdivision plat, or as shown on a pedestrian system plan approved by the County Engineer that proposes pedestrian system service for each proiect unit and amenity area. (a) Specifications. All construction plans for required sidewalks shall be approved by the county public works director or the director's appointed designee. All sidewalks shall be constructed in accordance with the specifications listed in the Comprehensive Bikeway and Sidewalk Plan and the following general specifications: Width: Be a minimum of five (5) feet wide, or wider if so specified by the Comprehensive Bikeway and Sidewalk Plan, along the;-ougl3far-e Pl all Thoroughfare Plan reads roads, and a minimum of four (4) feet wide along local rea -ys roads and for internal sidewalks. 2. Location: Be located outside of the roadside recovery area unless protective devices are provided (e.g. nonmountable curbs). Accessibility: Provide Have a curb cut and/or ramp fer-wheelchi l at intersections, where required by federal and/or state in Panes with "11 fe efa , state a leeal standards and speeifieatiens-f r- handieapped accessibility requirements. 4. Cul-de-sacs: Sides Be installed on the entire length of internal roadways, except for cul-de-sac circles as specified below and except for cul-de-sac road segments Bold Underline: Additions to Ordinance 7 Strike throes Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009- 013 exempted under 913.09(5)(b)2.c. Internal sidewalks are not required around the circumference of roadway cul-de-sac circles. Where sidewalks are required along a roadway which terminates in a cul-de-sac and sidewalks following the circumference of the cul-de-sac circle are not proposed, the sidewalks shall terminate into the cul-de-sac circle pavement utilizing a design approved by the public works director or the director's appointed designee. 5 Function • Be designed to provide pedestrian access from residences to common recreation/community areas and to the public sidewalk system external to the proiect Where a proiect's internal sidewalk system is designed to connect to the external public sidewalk system through an adiacent proiect, the applicant for the "dependent" proiect shall coordinate with the applicant/owner of the adiacent proiect to ensure that the design and construction of the sidewalk system inter- connection is properly coordinated and accurately reflected on the proiect's land development permit drawings. (b) Provision. The developer shall be required to provide for construction of a required sidewalk segments{s) in eemplianee with the fellewing fnetheds, as approved by the publie works dir-eetef the d is appointed desigiiee as follows: Sidewalk segments(s) along ther-eughfaf Thoroughfare Plan roadways. a. Exemptions. The developer is exempted from providing a sidewalk segment(s) along an unpaved thoroughfare plan roadway if the roadway is not scheduled for improvement on the county's 20 -year roadway improvements plan schedule. ii. The developer may be exempted from providing a Thoroughfare Plan sidewalk segment(s) by obtaining a determination from the public works and community development directors that the need for a sidewalk segment(s) along the adjacent thoroughfare plan roadway is precluded by physical or design constraints. b. Method. When required to construct or provide a required Thoroughfare plan roadway sidewalk segment(s), the developer shall: i. Construct the required sidewalk segment(s) if the roadway and corresponding sidewalk segment(s) are designated as a primary pedestrian corridor and if construction can satisfy the design and safety criteria of subsection 914.15(6)(a), as determined by the public works director or the director's appointed designee. As an alternative, the developer may delay construction by. "bonding -out for construction" of the segment(s) as described in subsection 914.15(6)(b)l.c. as approved by the public works director; or ii. Transfer to the county the obligation to construct the required sidewalk segment(s) by providing a cash payment of funds equal to one hundred Bold Underline: Additions to Ordinance Stfike through:: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009-013 (100) percent of the estimated cost to construct the required sidewalk segment(s) and executing an agreement for the transfer of responsibility for required improvements. The developer shall be responsible for clearing and grading the intended location of the required sidewalk segment(s) at the time clearing and grading for the development project is performed. The value of such clearing and grading shall be reflected in the cash payment amount provided by the developer. The cleared path shall be approved by the public works department and shall be selected so as to maximize tree preservation while maintaining compliance with the sidewalk design specifications listed in subsection 914.15(6)(a). C. Timing. The developer shall be responsible for providing the required Thoroughfare Plan roadway sidewalk segment(s) in compliance with subsection 914.15(6)(b)l.b.i. or ii. prior to receiving an equivalent certificate of occupancy for the project. However -,-+In the event that the developer is required to construct the required sidewalk segment(s) (subsection 914.15(6)(b)l.b.i.), the developer may delay construction of the required sidewalk segment(s) for a period of two (2) years beyond the final plat approval date of the corresponding subdivision development. In electing to bond -out for construction, the developer shall provide a completed contract for construction for remaining required sidewalk improvements and post security to guarantee the completed contract in conformance with subsection 913.10(1) construction security requirements. The developer shall have the ability to extend the contract for construction and posted security for a period of two (2) years, in addition to the original two (2) years, upon approval of both the public works director and the community development director. 2. Sidewalk Internal sidewalk segments(} along local roadways. a. Responsibility The developer shall be responsible for providing internal sidewalks along internal project roadways adiacent to proiect entrances and common areas. These developer -provided sidewalks shall be depicted on the approved proiect preliminary plat and land development permit. The builder/lot owner shall be responsible for providing the sidewalk required along his lot's street frontage, as depicted on the approved proiect preliminary plat and land development permit. The sidewalk segment shall be constructed and inspected prior to the issuance of a Certificate of Occupancy (C O) for the residence(s) on the builder's/lot owner's lot. b. Multiple phase projects In addition to the requirements of 913.09(5)(b)2.a., above, the following requirements shall apply to multiple phase proiects that are under unified control If a subdivision consists of multiple phases that are under unified control, sidewalks must be completed on ninety percent (90%) of the lots in Bold Underline: Additions to Ordinance 9 Strike thio g="r Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009-013 the preceding phase prior to the issuance of a Certificate of Completion (C.C.) for the next phase of the proiect. If a certificate of completion on a subsequent phase is needed prior to the completion of ninety percent (90%) of the sidewalks in the preceding phase, then security, in conformance with guarantee construction of sidewalks needed to meet the 90% completion requirement for the preceding phase. For purposes of calculating the 90% threshold, sidewalks adiacent to lots shall be considered completed if: iv. A valid reservation agreement (as determined by the county attorney) with deposit has been signed by the end user of the lot, or V. A valid contract (as determined by the county attorney) to build with deposit has been signed by the end user of the lot, or vi. A building permit application has been applied for construction of a residence on the lot. ac. Exemptions. i. A developer is exempt from providing a required internal sidewalk segment(s) along a local roadway which serves no more than twenty (20) lots and terminates in a cul-de-sac where a future extension of the street beyond the cul-de-sac is not required or possible as determined by the county public works director or the director's appointed designee. iiiii. A developer may obtain a waiver from providing a required internal sidewalk segment(s) by submitting a written request for such waiver from the community development director and the public works director based upon one (1) or more of the following criteria: A. It is anticipated that the use(s) (nonresidential projects only) will not attract or generate significant pedestrian traffic; B. A nearby existing or planned sidewalk will adequately serve anticipated pedestrian traffic attracted or generated by the corresponding subdivision project; C. The anticipated use(s) (nonresidential project only) or vehicular traffic characteristics of the subdivision are incompatible with pedestrian traffic; Bold Underline: Additions to Ordinance 10 °tFike rough: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009-013 D. The location of the subdivision or existing street conditions are such that it is anticipated that sidewalks could not be effectively integrated into an existing or planned sidewalk system; E. The developer provides for an alternate route and/or improvement that adequately accommodates pedestrian traffic and movement and coordinates with existing and planned sidewalks. Decisions by the community development director and the public works director to approve, approve with conditions, or deny an exemption request may be appealed to the planning and zoning commission pursuant to the provisions of section 902.07. Planning and zoning commission decisions regarding exemption requests may be appealed to the board of county commissioners pursuant to the provisions of section 902.07. bd. Method. When required to construct or provide a required sidewalk segment(s), the developer shall: Construct a the required sidewalk segment(s) along a the local internal roadway or etherpedest»easement if the -o i; aesignated as a weeks-dir-eeter—ef the difeeter's appointed designee alternative route approved under section 913.09(5)(b)2.ciiE. As an alternative to coup front" construction, the developer may delay construction by "bonding - out for construction" of the segment(s) as described in subsection 913.O9(5)(b)2.ee.—er c- e. Timing. The developer shall be responsible for providing the his required internal sidewalk segment(s) in compliance with subsection 914.15(6)(b)2.b. and 914.15(6)(b)2.bd.i. erg, above prior to receiving an equivalent certificate of occupancy for the project. However, in the event the developer is required to construct the required sidewalk segment(s) (subsection 914.15(6)(b)2.b.i.), the developer may delay construction of the required sidewalk segment(s) for a period of up to two (2) years beyond the date of issuance of an equivalent certificate of occupancy for the project if such delay is needed to accommodate Bold Underline: Additions to Ordinance 11 St-'�n rough: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE 2009- 013 development of the common area or meet sidewalk requirements for multiple phase proiects. in eleefing te delay eenstfuefien, If the developer qualifies for delay and elects to delay, then the developer shall provide a completed contract for construction for remaining required sidewalk improvements and post security to guarantee the completed contract in conformance with section 913.10(l). The SECTION #3 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 #4 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 #5 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 #6 EFFECTIVE DATE. This Ordinance shall be deemed to be filed and shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this _ 8th day of September , 2009. This ordinance was advertised in the Press -Journal on the 24th day of August st, 2009, for a public hearing to be held on the 8th day of September , 2009, at which time it was moved for adoption by Commissioner 0' Bryan , seconded by Commissioner F1 escher and adopted by the following vote: Chairman Wesley S. Davis AYE Vice Chairman Joseph E. Flescher AYE Bold Underline: Additions to Ordinance 12 Strike t}jreu& Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF ORDINANCE Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Commissioner Bob Solari 2009- 013 AYE v %SAYE - BOARD OF'C'OUNVY-' COMMISSIONERS OF INDIAN VE'I?:;COLJNTY BY: Wesley S. ATTEST BY:2 , 10 C- 4ezzll' fd,r Jeffrey K. Barton, Clerk Acknowledgment by the Department of State of the State of Florida, this ' day of , 2009. MAILING/EFFECTIVE DATE: Sep I . ZO 0 of APPROVED AS TO FORM AND LEGAL SUFFICIENCY �of William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; Community Development Director Bold Underline: Additions to Ordinance 13 Strike through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009- 913 - 914 sidewalks.RTF