This chapter, the terms and provisions contained herein, shall be known as the "Development of Regional Impact (D.R.I.) Ordinance" of Indian River County, Florida.

(Ord. No. 90-16, § 1, 9-11-90)

See Chapter 901.

(Ord. No. 90-16, § 1, 9-11-90)

It is the purpose and intent of this chapter to:

(1)

Ensure that the state's development of regional impact (D.R.I.) regulations are properly applied to project proposals within the unincorporated area of Indian River County; and

(2)

Ensure proper review and consideration of D.R.I. applications by the planning and zoning commission and the board of county commissioners.

(Ord. No. 90-16, § 1, 9-11-90)

The following local standards and requirements shall apply to development project proposals as provided herein:

(1)

After receiving a recommendation from the planning and zoning commission and the community development director, the board of county commissioners may require a developer to obtain from the state and submit to the county a binding letter of interpretation prior to county consideration and approval of all or a portion of a proposed development project. The board may require the binding letter of interpretation if it finds the following:

a.

That the proposed project has not undergone review and approval through the DRI process nor has it otherwise been previously exempted from DRI regulations by the state;

b.

That the project proposes development between the eighty (80) percent and one hundred (100) percent of DRI thresholds found in Chapter 380.06 of the Florida Statutes and in Chapter 9J-2 of the Florida Administrative Code;

c.

That due to its size, character, or location the proposed project would appear to have a substantial effect on the health, safety, or welfare of citizens of more than one county due to its impact on one or more of the following:

1.

Compatibility with existing or planned land uses;

2.

Potable water, sanitary sewer, or solid waste systems;

3.

Groundwater or wellfield protection, or aquifer recharge;

4.

Drainage;

5.

Traffic circulation or other transportation modes;

6.

Housing;

7.

Conservation or coastal management;

8.

Recreation;

9.

Economic development; or

10.

Capital improvements programs.

(2)

Upon review of the state's "aggregation rule" criteria found in Chapter 380.06 of the Florida Statutes and in Chapter 9J-2 of the Florida Administrative Code and a determination that a project proposal appears to fall under D.R.I. regulations due to possible aggregation, the board of county commissioners may require an applicant to obtain from the state either a binding letter of interpretation or an "aggregation clearance letter" or its equivalent, which shall state whether or not the state considers the proposed project to be under D.R.I. regulations due to the aggregation rule. The board may make such a determination after receiving a recommendation by the planning and zoning commission and the community development director, and may require a developer to submit an interpretation from the state prior to county consideration and approval of all or a portion of a proposed development project.

(3)

On any site covered by a D.R.I. development order, no subsequent local development order shall be approved and no construction shall be performed which does not conform to the D.R.I. development order and any conditions attached thereto, for as long as the D.R.I. development order is in effect.

(4)

D.R.I. applications, substantial deviation applications, and application for "minor" amendments to D.R.I.'s shall be accompanied by a local review fee as adopted by the board of county commissioners by resolution.

(Ord. No. 90-16, § 1, 9-11-90)

The following review procedures shall apply to D.R.I. applications and applications to amend D.R.I.'s in conjunction with and in addition to the review procedures required in Chapter 380.06 of the Florida Statutes and in Chapter 9J-2 of the Florida Administrative Code.

(1)

[For] D.R.I. applications, substantial deviation applications, and applications for "minor" amendments to D.R.I.'s shall be reviewed and considered by the planning and zoning commission. The planning and zoning commission shall recommend an action or actions to the board of county commissioners regarding each application. The board of county commissioners shall take final action on all such applications.

(2)

For D.R.I. applications and substantial deviation applications, notice by regular mail shall be sent by the county to surrounding property owners within three hundred (300) feet of the project site at least ten (10) days in advance of the planning and zoning commission and the board of county commissioners scheduled meetings at which an application is to be considered. Said meetings shall be public hearings.

a.

These mailing notice provisions are directory only. Failure to mail such notices or failure in the receipt of such notices by surrounding property owners shall not affect consideration and action by either the planning and zoning commission or the board of county commissioners.

(3)

For D.R.I. applications and substantial deviations applications, posted notice shall be placed by the county on the project site in accordance with the posted notice provisions of Chapter 911.

(Ord. No. 90-16, § 1, 9-11-90)

All applications for D.R.I., substantial deviation, or minor D.O. amendment review shall be accompanied by the appropriate review fee, as established by the board of county commissioners by resolution.

(Ord. No. 90-16, § 1, 9-11-90)