HomeMy WebLinkAbout1984-09INDIAN RIVE;j COUNTY ORDINANCE NO. 84-9
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTIONS 8 B (2)(a) AND 11 A (5) OF ORDINANCE 83-41,
KNOWN AS THE INDIAN RIVER COUNTY TREE PROTECTION
ORDINANCE; PROVIDING FOR THE AVAILABILITY OF A LAND
CLEARING AND GRUBBING PERMIT FOR A PROPERTY PROPOSED
FOR DEVELOPMENT PRIOR TO THE RECEIPT OF SITE PLAN OR
SUBDIVISION APPROVAL; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY;
AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1
Section 8 B (2)(a) of Ordinance No. 83-41, the Indian
River County Tree Protection Ordinance, is hereby amended to read
as follows:
2) Land Clearing Permit.- No land clearing permit shall
be issued unless the Environmental Planner finds that each of the
following criteria has been satisfied:
a) That the land clearing or grubbing is necessary in
order to make site improvements authorized by an approved site
plan, subdivision approval, or land development permit, and that
the area to be cleared is the minimum necessary for such work ort
in the event the aforementioned approvals have not yet been
obtained, or are not required by law for the intended use of the
property, that the proposed clearing is the minimum necessary for
the proposed use or improvement.
SECTION 2
Section 11 A (5) of Ordinance No. 83-41 is hereby
amended to read as follows:
5) The application shall be submitted and processed
concurrently with site plan review or subdivision approval, as the
case may be, when such approvals are otherwise required to make
use of the property. A land clearing permit may be processed
prior to site plan or subdivision approval in accordance with
Section 8 B (2). The site plan or subdivision preliminary plat
shall be prepared in a manner to allow ready comparison with the
tree survey, to assess whether the cited criteria have been met.
All items shown shall be properly dimensioned, scaled and
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existing law; -words underlined are additions.
referenced to the property lines, and setback or yard require-
ments. If known, existing and propcaed site elevations and major
contours shall be included.
SECTION 3
REPEAL OF CONFLICTING PROVISIONS
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 unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 4
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated
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.
SECTION 5
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be unconstitu-
tional, 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 uncon-
stitutional, invalid or inoperative part.
SECTION 6
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 14th day of
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existing law:_wordA undArlin-A are
March . 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By 166. G
DON C. SCURLOCK, JR.
Chairman
Acknowledgment by the Department of State of the State of Florida
this 19thday of March , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 22nd day of March , 1984, at2:00
A.M./P.M. and filed in the Office of the•Clerk of the Board of
County—Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGALS IENCY
By
2m
CHRIST J. PAULL
Assistant County Attorney
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