HomeMy WebLinkAbout1985-16ORDINANCE NO. 857 16
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
TREE PROTECTION ORDINANCE, CHAPTER 23 1/2 OF THE
CODE OF LAWS AND ORDINANCES OF INDIAN RIVER
COUNTY; RELATING TO DUNE AND SHORELINE. VEGETATION
PROTECTION; CREATING SECTION 23 1/2-10(f) TO ALLOW
COASTAL EROSION CONTROL PROJECTS UNDER CERTAIN
CIRCUMSTANCES AND TO REQUIRE DUNE RESTORATION AS A
COMPONENT OF BEACH RENOURISHMENT; 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 23 1/2-10(f) of the Code of Laws and Ordinances
of Indian River County, Florida, being an amendment to the Indian
River County Tree Protection Ordinance, orginally adopted as
Ordinance Number 83-41, is hereby created to read as follows:
(f). Nothing in this section shall be construed to pro-
hibit the undertaking of coastal erosion control projects seaward
of the coastal construction control line, when approved by the
Bureau of Beaches and Shores of the Department of Natural
Resources of the State of Florida, and when the applicant can
demonstrate to the County that the project is in the public
interest or is necessary to protect contiguous real property
improvements; provided that any such coastal erosion control
project which includes beach sand renourishment shall also
include a program of dune system restoration as a component of
the project. Such restoration program shall include both dune
revegetation, using native and salt tolerant plant material which
is appropriate and suitable for dune revegetation, and reestab-
lishment of the dune profile.
SECTION 2
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repealed to the extent of such conflict.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
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Indian River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 3
CODIFICATION
The provisions of this ordinance shall be incorporated
into the Code of Laws and Ordinances of Indian River County 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 purpose.
SECTION 4
SEVERABILITY
If any section, subsection, sentence, part thereof,
paragraph, phrase, or word of this ordinance is for any reason
held to be unconstitutional, inoperative or void, such holdings
shall not affect the remaining portions of this ordinance, and it
shall be construed to have been the legislative intent to pass the
ordinance without such unconstitutional, invalid or inoperative
part.
SECTION 5
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 Depart-
ment of State.
Approved and adopted by the Board of County Commission-
ers of Indian River County, Florida, on this 20 day of February
1985.
BOARD OF TY COMMISSIONERS OF
INDIAN VE COUNTY, FLORIDA
ATRICK . LY S 01
Chairman
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ATTEST:
FREDA WRIGHT, Cl k
Acknowledgment by the Department of State of the State of Florida
this 25TH day of February , 1985.
Regarding Effective Date: Acknowledgment from the Department of
State received on this 1st day of March , 1985, at
10 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
LEGAL SUFF IENCY.
By
&.'County Attorney
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