This chapter, the terms and provisions contained herein, shall be known as the "Subdivision and Platting Ordinance" of Indian River County, Florida.

(Ord. No. 90-16, § 1, 9-11-90)

By virtue of the home rule powers vested in counties pursuant to Article 8, Section 1(f) of the State of Florida Constitution, Florida Statutes, Section 125.01(1),(g),(h),(i),(w), Florida Statutes, Section 336.02 et. seq., Florida Statutes, Section 177011 et seq., and Florida Statutes, Section 163.3161 et. seq., Indian River County hereby exercises its authority to implement the land use element of the Indian River County Comprehensive Plan by the adoption of this chapter regulating the subdivision and platting of land and providing requirements in addition to those already existing by virtue of Florida Statutes, Section 177.011 et. seq.

(Ord. No. 90-16, § 1, 9-11-90)

The requirements set forth in this chapter shall be applicable to all portions of the unincorporated area of Indian River County.

(Ord. No. 90-16, § 1, 9-11-90)

The public health, safety, and general welfare of the citizens of Indian River County require the harmonious and orderly development of land within the unincorporated area of the county. It is the intent of this chapter for each new subdivision:

(1)

To conform with minimum standards of subdivision design, established by this chapter, which will result in the development of safe, stable communities, and the prevention of unhealthy living environments;

(2)

To have necessary improvements to avoid such improvement being a burden upon the taxpayers of the community;

(3)

To have efficient, adequate utilities and services;

(4)

To have safe, adequate and convenient patterns for the circulation of vehicular and pedestrian traffic;

(5)

To provide adequate protective flood control and drainage;

(6)

To have designs and improvements that control pollution and erosion, safeguarding the natural resources of the county;

(7)

To provide adequate open space, light, solar rights, air, privacy, and recreational area, and to prevent overcrowding of the land and undue congestion of the population;

(8)

To provide safety from fire, flood, natural disasters and other dangers;

(9)

To provide a reasonable, fair, and uniform application of standards of design and procedures for the subdivision and platting of land; to ensure proper legal descriptions and monumenting of subdivided land;

(10)

To preserve the natural beauty and topography of the county; and

(11)

To provide for safe and sanitary sewage disposal, adequate potable water supplies and the protection of the groundwater system.

(Ord. No. 90-16, § 1, 9-11-90)

See Chapter 901.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Unlawful activity. It shall be unlawful and subject to the penalties provided herein for any person to:

(A)

Create a subdivision without first complying with the provisions of this chapter and filing a plat approved by the board of county commissioners unless exempt under section 913.06(2). The dividing of land into two (2) or more parcels without filing a plat under the provisions of this chapter, where the land divided was the result of a previous division of land into two (2) or more parcels which occurred after July 23, 1983, is prohibited.

(B)

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 and width requirements prescribed by the zoning regulations and land use plan of Indian River County as applied to the lots created, unless exempt under sections 913.06(2) or 913.09(6).

(C)

Divide property after December 8, 1973 by any means where a resulting lot does not have frontage on: a dedicated public right-of-way, private platted right-of-way (street), or a roadway historically and currently maintained by the county, as referenced on the county road grading map, of at least:

1.

Sixty (60) continuous feet, unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(C), for properties located within the A-1, A-2, A-3, Con-2, Con-3, RFD and RS-1 zoning districts;

2.

The minimum lot width of the zoning district applicable to the lot(s) created for properties located within zoning districts other than those referenced in the above paragraph 1., unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(c).

Access, ingress/egress, or other easements shall not be deemed to constitute a publicly dedicated road right-of-way unless previously dedicated to and accepted by the county. Private access easements shall be considered "private platted rights-of-way (street)" for purposes of this section, if:

a.

The physical roadway located within the easements(s) existed prior to the county's road frontage requirement (December 8, 1973). The alignment of the physical roadway may be shifted from its 1973 location if the roadway remains in the same general location and retains its 1973 beginning and ending points; and

b.

The physical roadway has a passable width for two-way traffic meeting county local road standards (twenty (20) feet for single-family development); and

c.

A notarized letter, acceptable to the county attorney's office in regard to form and legal sufficiency, from the person or entity responsible for road maintenance is filed with the county and recorded in the public records, indicating the person or entity responsible for maintenance and the method of maintenance performed; and

d.

The person(s) proposing the lot split files for and obtains administrative approval from staff, verifying that requirements are satisfied regarding private road right-of-way frontage.

Note: Parcels created between September 21, 1990 and December 4, 1991 are subject to the sixty (60) contiguous feet (rather than a minimum lot width) frontage requirement, regardless of the zoning district in which the property is located.

(D)

Commence the construction of any improvements required under this chapter without first having obtained a land development permit from Indian River County or fail to construct or maintain improvements in accordance with an approved land development permit, plat approval or requirements of this chapter.

(E)

Create a public or private right-of-way (street) without platting in accordance with the applicable provisions of this chapter.

(F)

Divide any lot or tract in a platted residential subdivision that was approved by the board of county commissioners of Indian River County in a manner which results in a construction-site smaller than or inconsistent with the surrounding lots in the subdivision unless approved by the board of county commissioners.

1.

Any request to divide a lot or tract in such a manner shall be reviewed and considered as follows:

a.

The technical review committee (TRC) shall review the request and make a recommendation to the planning and zoning commission;

b.

The planning and zoning commission at a public hearing shall review the request and make a recommendation to the board of county commissioners;

c.

The board of county commissioners at a public hearing shall review the request and approve, approve with conditions, or deny the request.

2.

Written notice of the public hearings shall be mailed certified to each owner of property in the subdivision at least fifteen (15) days in advance of the hearing.

3.

Prior to approval of a lot split, the board of county commissioners shall determine that:

a.

No substantial negative neighborhood impacts are anticipated as a result of the split or subsequent similar neighborhood lot splits;

b.

The resulting lots conform to the applicable county zoning requirements and state regulations;

c.

The resulting lots are buildable under current regulations;

d.

No substantial adverse impacts on existing infrastructure are anticipated, as the result of the split or subsequent similar neighborhood lot splits, via the resulting increase in density or intensity of use;

e.

The impacts of the split or potential splits will not degrade adopted levels of service to unacceptable levels, pursuant to the provisions of Chapter 910, Concurrency Management;

f.

The applicant certifies that he knows of no recorded deed restrictions or covenants which would prohibit the division or splitting of the lots.

(2)

Exemptions. The following activities shall be exempt from the provisions of this chapter:

(A)

Creation of equal or larger building sites from lots of record.

1.

The combination or recombination of all or a portion of previously created parcels of record where the newly created or residual parcels comply with all applicable zoning district dimensional criteria or, where applicable, the regulations governing nonconformities.

2.

The combination or recombination of all or a portion of previously platted parcels of record are exempt where none of the newly created or residual parcels contain less area, width or depth than the smallest of the original parcels of record being combined and no streets of any kind or public easements are created, changed or extinguished.

(B)

Boundary settlements. Any conveyance between adjoining landowners if:

1.

The purpose of the conveyance is to adjust or settle the common boundary line between adjoining landowners;

2.

The deed of conveyance or other legal instrument states such purpose and is recorded in the official records of Indian River County; and

3.

The resulting parcel(s) conform to the applicable zoning district dimensional criteria.

(C)

Conveyance to government. Any division of land for the purpose of conveying land to any federal, state or local government entity or agency or public utility, provided such conveyance is accepted by the grantee by an instrument recorded in the public records of Indian River County.

(D)

Division by order of court. Any division of land by order of a court of competent jurisdiction.

(E)

Corrective instrument. Any conveyance for the purpose of correcting an error made in the language used in an original conveyance.

(F)

Forty-acre tracts. Any division of land where all parcels resulting from the division contain forty (40) acres of land or more and no public easements or streets are created. When the tract prior to dividing is a size which is not an even multiple of forty (40) acres, a fractional breakdown resulting in lots of equal size which are larger than thirty-eight (38) acres also qualifies for the exemption.

Notwithstanding this exemption for the creation of parcels forty (40) acres or greater in size, any proposal or aggregate proposals to create fifty (50) or more parcels forty (40) acres or greater in size shall be deemed to constitute a subdivision and shall require approval as a subdivision. All provisions of this chapter shall apply.

(G)

Platting of a portion of a tract. Platting of a portion of a parcel or tract under the terms and procedures of this chapter, shall not constitute a splitting of that parcel or tract.

(H)

Lot split for commercial property.

1.

Any division of a previously platted commercially zoned lot or tract where each resulting parcel meets applicable land development regulation requirements for lot size, lot dimensions, and paved road frontage, and is served by adequate infrastructure, as demonstrated through an administrative approval site plan filed in accordance with site plan ordinance section 914.06(1)(c) and approved by the community development director or his designee. Prior to receiving administrative approval, the applicant shall demonstrate that each resulting parcel meets subdivision covenants and restrictions, as applicable.

2.

Any division of an unplatted commercially zoned property where each resulting parcel exceeds one acre in size, meets applicable land development regulation requirements for lot size, lot dimensions, and paved road frontage, and is either served by existing adequate infrastructure

(including shared access with adjacent properties) or is subject to a recorded covenant adequately providing for shared infrastructure and shared access at the time of development, as demonstrated through an administrative approval site plan filed in accordance with site plan ordinance section 914.06(1)(c) and approved by the community development director or his designee. The county shall review and be made a party to any covenant used to meet this regulation to ensure that the covenant is not terminated or modified without county consent. Such covenant shall include as an exhibit a legal description and survey sketch provided by the applicant.

(I)

Construction of structures (including homes) prior to issuance a Certificate of Completion. Construction of structures, including homes, may commence prior to the issuance of a certificate of completion for the subdivision, or applicable subdivision phase, pursuant to the requirements of Section 972.08(i).

(3)

Determination of legal parcel creation. A parcel shall be determined to be legally created in compliance with the regulations of this chapter if the parcel meets one or more of the following:

(A)

The parcel was created under an applicable exemption set forth in section 913.06(2) of this chapter; or

(B)

The parcel is part of an approved subdivision plat recorded in the official plat book sections of the public records of Indian River County; or

(C)

The parcel was created as part of an approved affidavit of exemption as provided for in the affidavit of exemption section of this chapter; or

(D)

The parcel was created in such a manner that does not constitute an unlawful activity as specified in the unlawful activity section of this chapter;

No building permit shall be issued for construction of any improvements on a parcel that the community development director or his designee determines was not legally created in compliance with these regulations.

(4)

Creation of new road rights-of-way. New road rights-of-way shall only be created via the recording of a plat approved pursuant to the provisions of this chapter. Road plats which depict road rights-of-way only (no lots or tracts), may be reviewed and approved. Road plats establishing private road rights-of-way only (no lots or tracts) are exempt from the required improvements specified in section 913.08. All other applicable chapter provisions shall apply.

(5)

Affidavit of exemption. An affidavit of exemption from certain requirements of section 913.08 may be applied for in conjunction with proposals to create parcels containing more than two hundred thousand (200,000) square feet.

(A)

All affidavit of exemption application/requests shall be exempt from the following portions of section 913.08 (Required Improvements):

913.08(1)(A)—Streets

913.08(1)(C)—Utilities systems

913.08(1)(D)—Erosion control provisions

913.08(1)(E)—Stormwater and floodwater management system according to Chapter 930

913.08(1)(F)—Street signs and traffic control markings and signs

913.08(1)(G)—Permanent control points

913.08(2)(A)—Bikeways

913.08(2)(B)—Sidewalks

913.08(2)(C)—Alleys

913.08(2)(D)—Buffering facilities and areas

913.08(2)(E)—Fire hydrants

913.08(2)(F)—Parks and recreational areas and facilities (see section 913.09(20)

913.08(2)(H)—Curbing

913.08(2)(I)—Street lights

913.08(2)(K)—Bridges and culverts when necessary

913.08(2)(L)—Filling and drainage as necessary

913.08(2)(M)—Traffic control devices as necessary

913.08(2)(N)—Header curbs

913.08(2)(R)—Transportation system improvements (off-site and on-site)

(B)

The following required improvements/design standards shall apply to all affidavit of exemption application/requests:

913.08(1)(B)—Easements

913.08(1)(H)—Rights-of-way

913.08(1)(I)—Trees and vegetation protection

913.08(2)(G)—Beach access structures and areas

913.08(2)(O)—Native vegetation preserve areas

913.08(2)(P)—Environmentally sensitive land preserve areas

913.08(2)(Q)—Emergency access

913.08(2)(S)—Marginal and limited access easements

913.08(2)(T)—Other provisions as may be required by land development regulations.

1.

Right-of-way width and dedication standards and requirements shall apply to affidavit of exemption application/requests.

2.

No platting is required unless it is necessary to provide road right-of-way frontage for the proposed parcel(s).

(C)

1.

No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of twenty (20) or more parcels. Any proposal to create twenty (20) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a subdivision or agricultural planned development (P.D.). All provisions of this chapter shall apply.

2.

Each parcel resulting from the proposed division of land shall contain five (5) or more acres, except as allowed below. When the tract prior to dividing is a size which is not an even multiple of five (5) acres and does not lend itself to division into lots each containing more than five (5) acres, a fractional breakdown resulting in lots of equal size not less than two hundred thousand (200,000) square feet in size qualifies for this exemption provision.

3.

If road right-of-way is to be created, all requirements of this Chapter 913 shall be complied with except for those requirements or provisions specifically exempted in section 913.06(5)(A).

4.

The applicant shall deed by donation to the county all rights-of-way necessary to comply with the minimum local road right-of-way standards and all streets created are at least the minimum street width required by section 913.09(3)(B).

5.

Where a common area or private road right-of-way is created, the owner shall establish a landowner's association and simultaneously file a declaration of covenants and restrictions, acceptable in form to the county attorney, in the public records providing for all common areas and rights-of-way to be dedicated to the landowner's association and provisions made for their perpetual maintenance. The plat or recordable map and declaration of restrictions shall contain the following language in bold type:

"The common areas and rights-of-way are not dedicated to the public and will not be maintained, repaired or improved by the county."

6.

The owner shall file a declaration of restrictions prohibiting the voluntary division of land encompassed within the project into lots that are less than two hundred thousand (200,000) square feet in size unless such division is accomplished by filing a plat approved by the county and meeting all standards required of subdivisions under this chapter.

7.

The owner shall file an "affidavit of exemption" plat or recordable map and any associated recordable documents in the public records prior to dividing the land which shall contain:

a.

A legal description of the land encompassed within the project and a certified survey depicting all parcels created by the division, all private and public streets and easements;

b.

The official book, or plat book, and page number of official records of Indian River County where the items required in paragraphs 3, 4, 5, and 6 may be found; and

c.

The approval of the public works and community development directors and the county attorney's office.

d.

When the developer is not required to plat, as allowed by section 913.06(5)(B)2, the "Affidavit of Exemption" layout shall be prepared by a registered surveyor on a 24 inches by 36 inches recordable map in a form acceptable to the county surveyor and county attorney's office.

e.

The review timeframes and process for an affidavit of exemption application shall follow the same timeframes provided for a preliminary plat application [reference section 913.07(4)(f)].

f.

It shall be the obligation of the applicant to have the appropriate approved affidavit of exemption documents, including a plat or recordable map, recorded in the public records.

(D)

Application process for affidavit of exemption. All applications for affidavits of exemption shall comply with the applicable procedural and informational requirements of section 913.07(3), "formal pre-application conference" and shall be reviewed and approved by the technical review committee (TRC).

(6)

Clerk to transmit copies of deeds. To aid in the enforcement of this chapter, the clerk to the circuit court of Indian River County may be requested by the community development director or his designee to transfer to the community development department copies of all deeds conveying land in unincorporated Indian River County that have been filed in the official records of the county. The clerk shall be reimbursed for the actual cost of the copies.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 14, 18, 2-27-91; Ord. No. 91-48, §§ 38, 41, 12-4-91; Ord. No. 92-11, § 5, 4-22-92; Ord. No. 93-8, § 21, 3-18-93; Ord. No. 94-8, § 1, 4-5-94; Ord. No. 94-25, § 24, 8-31-94; Ord. No. 96-6, § 11, 2-27-96; Ord. No. 99-13, § 9A, 5-5-99; Ord. No. 2002-017, § 2, 4-9-02; Ord. No. 2017-004, §§ 1, 2, 5-2-17; Ord. No. 2018-017, § 2, 9-18-18; Ord. No. 2018-021, § 2, 9-18-18)

(1)

Procedure. All plats for new subdivisions and road rights-of-way must be submitted and processed through the following five (5) procedures:

(A)

Formal pre-application conference must be scheduled between applicant and the county community development staff, (see 913.07(3)).

(B)

Submission and approval of a preliminary plat, (see 913.07(4)).

*(C)

Application for and issuance of a land development permit, (see 913.07(5)).

(D)

Submission, approval, and recording of final plat, (see 913.07(6)).

(E)

Issuance of certificate of completion, (see 913.07(5)(I)).

Flowcharts showing the entire process, as well as the preliminary plat, land development permit and final plat procedures may be found at the end of this chapter.

*Plats may be exempted where no improvements are required.

(2)

Validity of a subdivision not meeting the requirements of this chapter. No plat of any subdivision shall have any validity until it shall have been approved in the manner prescribed by this chapter. In the event an unapproved plat is recorded, it shall be considered invalid. No person shall transfer or sell by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has final plat approval and is officially recorded according to the terms of this chapter. The description of any lot by metes and bounds shall not exempt the transaction from the provisions of this chapter if the transaction would be subject hereto otherwise. The building official shall not issue any permits for new construction on a lot in any subdivision not meeting the requirements of this chapter.

(A)

The county shall not make any public improvements and shall have no responsibility for the maintenance of streets, drainage facilities or other facilities in subdivisions whose dedications have not been accepted by the county under the terms of this chapter.

(B)

No changes, erasures, modifications or revisions shall be made on any final plat after approval and signature thereof unless said plat is first resubmitted and re-approved under the provisions of this chapter.

(C)

Plats shall not contain any reference to any possible reversion of any interest in real property that has been the subject of public or private dedication on a plat.

(3)

Formal pre-application conference. Before making application for preliminary plat approval, the applicant and/or his professional staff are required to discuss, informally, his preliminary studies and sketches for a subdivision with county staff and other government agency representatives deemed appropriate by the community development director or his designee. This step is an opportunity for the applicant to avail himself of the advice and assistance of the governmental agencies in order to facilitate the preparation and review of preliminary and final plats or construction drawings.

(A)

Scheduling. Arrangements for this conference are to be made through the community development office by submitting the required application and drawings at least seven (7) working days in advance of the conference date. Reviewing departments will have at least five (5) working days to review and make comments at the conference. A filing fee, as established in a resolution adopted by the board of county commissioners, is required at the time of submittal.

1.

The community development director or his designee shall determine whether or not an application is complete and can be routed for interdepartmental review. No incomplete application shall be routed for review. The applicant shall be notified as soon as an incomplete determination has been made.

(B)

Information required for the formal pre-application conference. The applicant will submit at least ten (10) set of the preliminary sketch plans of the proposed subdivision to the community development department at least seven (7) working days before the scheduled date of the preapplication conference. The applicant shall supply the county with the following information:

1.

Formal pre-application conference application and filing fee as established in a resolution adopted by the board of county commissioners;

2.

Drawings must be designed on sheet(s) twenty-four (24) inches by thirty-six (36) inches. A subdivision sketch must be drawn showing the proposed lots, rights-of-way, easements, water management facilities, utility sources and canals or waterways (if any);

3.

Name, address and telephone number of the applicant, surveyor and engineer and a list of all the owners of the property (must be on the application and the drawings);

4.

Location sketch;

5.

Existing zoning and comprehensive plan land use classification of the subject site and adjacent properties;

6.

The location of all known rights-of-way and easements on the subject site and adjacent properties and the purposes for which they were established;

7.

Significant topographical areas, including all watercourses, bodies of water and environmentally sensitive lands;

8.

Drawings must show the existing site conditions including soil conditions, groundwater table, drainage pattern, floodplain data and vegetation of the subject site and immediately adjacent properties, using U.S. Soil Conservation Service data when available;

9.

Existing facilities should be depicted including water management, electric, utilities and water and wastewater service;

10.

A general description of the proposed subdivision must be noted including the number of lots to be created, the approximate size and width of lots, approximate building size, type and use and proposed phases of development;

11.

A description of the project's boundary; and

12.

A statement acknowledging that submittal of incorrect and erroneous information may result in a change of comments made by staff or requirements to be applied.

(C)

Opinion of staff. A letter will be sent to the applicant within five (5) working days of the formal pre-application conference which states the following:

"Written acknowledgement of the formal pre-application conference and any opinions set forth by staff shall not be construed as approval of the project by the county commission or any county division or as a waiver of any of the requirements of this ordinance that were not set forth at the conference, but shall only be considered an expression of each division's concerns with the general design concepts set forth in the preliminary sketches of the proposed development."

A copy of all departmental comments will be attached to the letter.

(4)

Preliminary plat application and review.

(A)

Submission of application.

1.

Upon completion of the formal pre-application conference, the applicant may apply for preliminary plat approval. At his or her option, an applicant may simultaneously apply for preliminary plat approval and for land development permit review. No land development permit may be issued until the preliminary plat is approved. An applicant shall apply for preliminary plat approval by furnishing to the community development director:

a.

A complete application form, as provided by the community development department;

b.

The appropriate filing fee established by the board of county commissioners;

c.

Ten (1) sets of the plat drawings and a written response to each item in the project's pre-application conference discrepancy letter or a written description of all revisions made to the project plans since the pre-application conference review;

d.

Two (2) sealed surveys;

e.

One (1) aerial of the site with overlay of project showing the surrounding two hundred (200) feet of adjacent properties;

f.

Two (2) copies of the owner's deed;

g.

If an agent is used, a letter from the property owner authorizing the agent to function on his behalf, plus one copy of the letter;

h.

Two (2) copies of a tree and vegetation survey showing the boundaries and acreage of environmentally sensitive areas (see Chapter 928) and environmentally significant areas (see Chapter 929), where such areas exist on-site.

i.

An initial or conditional concurrency certificate, or evidence of application for a certificate, or a copy of the approved traffic methodology for the development project.

The community development director or his designee shall determine whether or not an application is complete and can be routed for interdepartmental review. No incomplete application shall be routed for review. The applicant shall be notified as soon as an incomplete determination has been made.

(B)

Drawings. The preliminary plat shall be:

1.

Prepared by a professional engineer or surveyor registered in the State of Florida;

2.

Drawings on sheet(s) twenty-four (24) inches by thirty-six (36) inches; and

3.

To a scale not smaller than one inch equals one hundred (100) feet; for subdivisions exceeding one hundred (100) acres, the scale may be as small as one inch equals two hundred (200) feet or as approved by the community development director or his designee.

(C)

Information required on preliminary plat. The preliminary plat shall contain the following:

1.

Title block;

2.

Name of the proposed subdivision;

3.

County and state;

4.

Date of preparation of the preliminary plat and of any revision;

5.

Name, address and telephone number of the applicant;

6.

Name and address of all owners;

7.

North arrow and scale;

8.

Location sketch showing the existing zoning and land use classification of the subject site and adjacent properties;

9.

Legal description and total acreage being subdivided;

10.

Existing zoning and comprehensive plan land use classification of the subject site and adjacent property;

11.

Name, address, signature, seal and registration number of the professional engineer and surveyor responsible for all or part of the plat;

12.

Location and dimensions of all known existing and proposed rights-of-way and easements and the purposes for which they were established on:

a.

The subject site;

b.

The adjacent property (within three hundred (300) feet of the site); and

c.

The property on opposite sides of surrounding roadways.

13.

A drawing of the subdivision showing proposed:

a.

Lot lines (with dimensions);

b.

Rights-of-way;

c.

Easements;

d.

Lot and block identification;

e.

Canals and waterways (existing and proposed);

f.

Chord distances;

g.

Environmentally sensitive land, as determined in Chapter 928 and 929.

14.

A general description of the subdivision including:

a.

Number of lots;

b.

Approximate area of the lots;

c.

Approximate building size and type;

d.

Projected use of building(s);

e.

Proposed phases of the subdivision;

f.

Proposed open space, public and private;

g.

Gross density of the project. For the purpose of calculating the gross acreage of a project, all planned phases and areas of development to be platted shall be included.

15.

Location of permanent reference monuments;

16.

Point of beginning if the description is by metes and bounds;

17.

Street names, proposed on-site and existing within three hundred (300) feet of the site;

18.

Parks and public recreation areas, existing and proposed;

19.

"Not included" parcels, if any;

20.

A legal description of the site boundary;

21.

A legal description of environmentally sensitive areas;

22.

A list of all jurisdictional agency permits required for the development of the subdivision;

23.

A note reciting the language found in quotations in section 913.07(4)(L), Transfer of approval; and

24.

Such additional information as may be necessary to ensure that the subdivision complies with the requirements of this chapter.

25.

Information required by applicable Chapter 971 regulations for either "subdivisions with special sideyards" projects or "small lot single-family subdivision" projects.

(D)

Written information and other materials required.

1.

A timetable for commencement and completion of the project for all phases;

2.

The location and distances from all proposed streets to driveways, streets and rights-of-way on both sides of any road within three hundred (300) feet of the project boundaries. All depicted streets and rights-of-way shall be noted as being paved or unpaved;

3.

All applicable information shall be provided by the applicant to demonstrate compliance with Chapter 952, Traffic; and

4.

Yard assignments, specifying front, side and rear yard classifications must be noted on all irregularly shaped lots and lots fronting on culs-de-sac, curves, and more than one (1) street.

Note: All projects shall comply with Chapter 952, submittal requirements regarding traffic statements and impact analyses.

(E)

Additional information required for preliminary plat applications. In addition to the information required to appear on the preliminary plat, the following information will be required:

1.

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 472.027 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:

a.

Watercourses and all free-flowing wells, if any;

b.

All water bodies showing the approximate mean high waterline;

c.

All environmentally sensitive land as defined by the Indian River County Comprehensive Plan;

d.

All protected trees identified by the Indian River County Tree Protection Ordinance;

e.

Coastal construction control line (1987 CCCL), and the county coastal Dune Stabilization Setback Line (DSSL), if applicable;

f.

Endangered and threatened plants or animals, if required by Chapter 929;

g.

Archeological resources, if required by Chapter 933.

2.

A description of existing site conditions including:

a.

Soil conditions and analysis;

b.

Groundwater table;

c.

Drainage pattern on-site and within two hundred (200) feet of the site boundary;

d.

The extent, area, and type of all native vegetation communities; and

e.

Floodplain data on-site and within two hundred (200) feet of the subject site.

3.

A sketch showing:

a.

Any existing water management or utility facilities;

b.

Proposed stormwater management plan and control facilities and general grading plan;

c.

Utility sources, distribution and collection lines, if available, (including but not limited to water, sewer, fire hydrants, electricity, cable television and telephone);

d.

Proposed locations of streetlights, sidewalks and bike paths, if any; and

e.

Proposed finished grade elevations of all lots.

4.

At the pre-application conference, staff may determine that some or all information requirements in 1.—3. above are not applicable.

5.

A written statement, signed by the applicant, certifying that a sign, meeting the requirements below, has been posted on the site. The signed written statement shall be accompanied by a dated photograph or digital photo image of the sign posted on the project site.

a.

Sign specifications: The sign shall have minimum dimensions of sixteen (16) inches × twenty-one (21) inches and shall have a light-colored background (yellow or white) that provides high contrast with dark lettering.

b.

Sign placement: The sign shall be posted at the front lot line of the project site in plain view of the public. The bottom of the sign shall be at least 18" above the ground.

c.

Sign information: In black or dark lettering, with letters at least two (2) inches high, the sign shall state the following:

d.

Duration: The sign shall be posted a minimum of three (3) weeks.

(F)

Reviews.

1.

Technical review committee review.

a.

Within three (3) working days of a preliminary plat application, the community development department shall make an application completeness determination and shall contact the applicant if the submittal is determined to be incomplete. Within three (3) working days of a determination of completeness, the community development department will forward one (1) copy of the proposed preliminary plat to each of the county divisions or other interested agencies for their review and written comments or approval.

b.

Within eighteen (18) days after the receipt of the routing of the preliminary plat and prior to the TRC meeting date at which the application is scheduled to be considered, each TRC member shall review the application and submit written comments to the planning division. Prior to each TRC meeting, the planning division shall conduct an inter-departmental staff coordination meeting to coordinate draft comments and transmit post-coordination meeting draft comments to the applicant by email or similar medium prior to the TRC meeting.

c.

At a technical review committee (TRC) meeting, the discrepancy comments will be reviewed.

d.

The community development department shall, within four (4) working days from the TRC meeting, transmit a comment letter to the applicant or his engineer identifying all of the discrepancies pertaining to the preliminary plat that were discussed at the TRC meeting. Each comment shall either indicate that the comment involves a code, safety, or engineering requirement or that the comment is advisory. Comments shall consist of the draft comments and items discussed at the TRC meeting.

e.

The applicant shall respond, in writing, to each comment following receipt of the discrepancy letter and submit five (5) sets of a revised preliminary plat if deemed necessary by the community development staff with a written response to each item in the project's TRC discrepancy letter Each response must recite the subject staff comment, adequately address the comment, and indicate where any corresponding revision has been made on the preliminary plat. If the preliminary plat requires PZC approval, the applicant's written response shall include a separate document that verifies the duration of the required sign posting and summarizes all contacts with the public. The summary shall, at a minimum, describe the nature of contacts (e.g. from nearby resident, by phone), the types of comments received, and changes to the project proposal (if any) based on comments received.

f.

At the discretion of the technical review committee, applications with substantial deficiencies may, upon re-submittal, be scheduled for re-review at another technical review committee meeting.

g.

As part of the post-TRC re-submittal, a traffic study shall be submitted if required by Chapter 952 regulations and a concurrency certificate or evidence of application for a concurrency certificate shall be submitted if required by Chapter 910 regulations.

h.

Once all TRC comments have been adequately addressed, the community development department shall approve the preliminary plat if the plat is a road plat or a plat for a residential subdivision and provides for less than twenty-five (25) residential lots or units. All other preliminary plat applications that are not staff-level approval and that have been signed-off by the TRC members shall be scheduled for consideration at the soonest available planning and zoning commission meeting.

1.

An applicant may request, at any time in the review process, that the application be forwarded to the planning and zoning commission for consideration. Said request shall be submitted to the planning division in writing and shall acknowledge that, in staff's opinion, the application is not ready for consideration due to a lack of adequate responses to staff and/or reviewing agency comments.

2.

Planning and zoning commission review and action. Upon completion of the county staff review, the preliminary plat plans and application, along with recommendations, will be forwarded to the Indian River County planning and zoning commission for review and consideration for approval. The decision of the planning and zoning commission shall be final unless the application is appealed to the board of county commissioners. Any approval shall be noted on the preliminary plat in the following form:

CERTIFICATE OF APPROVAL BY PLANNING AND ZONING COMMISSION

THIS IS TO CERTIFY, That on ________ the Indian River County Planning and Zoning Commission approved this preliminary plat.

___________(Chairperson)

(G)

The board of county commissioner's consideration of appeals of planning and zoning commission preliminary plat decisions. An appeal may be filed by:

(1)

The applicant;

(2)

County administration;

(3)

Any aggrieved person or group with an interest that will be affected by the project.

An appeal of a decision on a preliminary plat must be filed with the community development department within twenty-one (21) days of the meeting wherein the decision appealed was rendered. Upon receipt of an appeal from the applicant, the county administrator will place the preliminary plat application and all recommendations on the agenda of a regularly scheduled meeting of the board of county commissioners for consideration within thirty (30) days. The board of county commissioners will conduct a de novo hearing. The procedures of section 902.07(3) shall apply and the board of county commissioners shall make find ing with respect to the criteria of section 902.07(4). Any appellant must receive three (3) affirmative votes from the board of county commissioners.

(H)

Criteria for review of preliminary plat by county staff, the planning and zoning commission, and the board of county commissioners.

1.

No preliminary plat shall be approved if it:

a.

Fails to comply with all ordinances of Indian River County including, but not limited to the comprehensive plan, the land development regulations, this chapter, and the Indian River county standard design specifications.

b.

Fails to provide adequate street connections with the existing or planned street network; "adequate connections" may include off-site improvements to or any paving of the existing or planned street network that accesses and/or serves the project that is needed to ensure free access and circulation;

c.

Fails to facilitate adequate traffic (vehicular or pedestrian) circulation within or throughout the project;

d.

Fails to comply with regulations or rules established by other governmental agencies with jurisdiction over any aspect of the project;

e.

Fails to meet the concurrency requirements set forth in Chapter 910, Concurrency Management.

2.

Approval. The planning and zoning commission, or in the case of an appeal, the board of county commissioners, may approve the application or continue the hearing to receive future input on the proposal. The approving body may attach conditions to the application which relate to Indian River County land development regulations and the effect the project will have on the community and are necessary to protect the health, safety or welfare of Indian River County residents.

3.

Approval of the preliminary plat shall constitute tentative approval as to the character, intensity, general layout and dimensions of streets, and other features.

(I)

Filing fee. The board of county commissioners shall establish, by resolution, a fee in an amount deemed necessary to reimburse Indian River County for all or a portion of the cost incurred in reviewing and approving plats, and requests for extension of approval, land development permits, affidavits of exemption and subdivision variances.

(J)

Time limit.

1.

The preliminary plat approval shall be valid for a period of five (5) years from the date it is approved by the planning and zoning commission or, if appealed, when approved by the board of county commissioners.

2.

Notwithstanding these limitations, an applicant may intentionally phase a project (multiple phases) with specific development timeframes that are approved as part of the preliminary plat application request. Development phasing may not cover a period exceeding twenty (20) years. Preliminary plat approval for a multi-phased project may exceed the five (5) year time limit referenced above if the first phase of the project is constructed, and inspected by the county and verified as complete within five (5) years from the date of preliminary approval. Preliminary plat approval will lapse if the approved phase timeframes are exceeded, unless extended by the planning and zoning commission as provided for in section 911.07(4)(K) [913.07(4)(K)], below.

(K)

Modifications to extend approved schedules for multi-phased projects. Modifications to extend approved schedules for multi-phased projects may be approved by the planning and zoning commission if the planning and zoning commission determines that no substantial redesign of the project would be necessary if the regulations in effect at the time of extension request were to be applied to the project. The planning and zoning commission may attach conditions to a schedule extension approval. Under no circumstances may a schedule be modified so as to cover a period of more than twenty (20) years from the original date of preliminary plat approval.

(L)

Transfer of approval. Prior to final plat approval, a notice of transfer of property and of preliminary plat approval must be filed with the community development department prior to transfer in bulk of the proposed subdivision. The plat shall note the following: "Prior to transfer, the transferee must assume in writing on a form, acceptable to the county attorney, all commitments, responsibilities, and obligations of the prior developer. Failure to give timely notice or to provide the assumption of prior commitment voids the preliminary approval".

(M)

Phasing. Subdivision projects may be phased. Phasing, if proposed, shall be shown on all preliminary plats and may be modified as allowed in section 913.07(4)(N).

(1)

Phasing shall be arranged and designed in such a manner that at any point in a project's development, the initial phase or any successive groups of phases shall be able to "stand alone," meeting all applicable standards set forth and referenced in this chapter and other applicable land development regulations.

(2)

The initial phase and any successive groups of phases shall be able to "stand alone" and function adequately in regards to required improvements, infrastructure, facilities, and in relation to all project conditions so as to be independent from any future phase or phases and improvements or areas contained therein.

(N)

Modifications. Minor modifications to approved preliminary plats may occur between preliminary and final plat approvals. Modifications to roadway layout, phasing, lot configuration will require an administrative approval as provided for in Chapter 914, Site Plans. Modifications that increase the number of lots or change the area to be platted will require re-approval of the preliminary plat and must comply with the requirements and procedures of section 913.07(4).

(O)

Land development prior to land development permit prohibited. No construction, 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.

(5)

Land development permit. The land development permit is the instrument authorizing the developer to proceed with land improvements as specified in the approved plans and specifications set forth in the application and shown on the approved preliminary plat.

(A)

Procedure. After TRC approval of the preliminary plat (at the time the preliminary plat is scheduled for planning and zoning commission consideration and approval), an applicant may apply for a land development permit. No construction may commence until the applicant obtains a land development permit or land development permit waiver. The public works director is hereby authorized to waive, in writing, the requirement for a land development permit, where no improvements delineated in section 913.09 are required or where a required improvement(s) can be provided via another application and review process. No land development permit waiver may be issued unless an initial concurrency certificate has been issued, or concurrency acknowledgement form recorded, for the project portion to be covered by the waiver. After issuance of a land development permit or land development permit waiver, an applicant shall choose one (1) of the following options for obtaining final plat approval.

1.

Option 1: Prior to final plat approval, the applicant:

• Completes utility service's bill of sale checklist to the satisfaction of the utility services director; and

• Obtains a determination from the public works director in coordination with the utility services director that a certificate of completion and bill of sale for water and/or sewer utility improvements are ready to issue upon board of county commissioners approval of the final plat; and

• Enters into a warranty maintenance and bill of sale agreement in accordance with Subdivision Ordinance section 913.10.

2.

Option 2: Prior to final plat approval, the applicant:

• Constructs at least seventy-five (75) percent of all required improvements, based upon the cost of improvements; and

• Enters into a contract with the county for the applicant to construct the remaining required improvements, in accordance with Subdivision Ordinance Section 913.10; and

• Posts security to guarantee the contract, in accordance with Subdivision Ordinance Section 913.10;

Note: after completion of the required subdivision improvements, the applicant shall complete utility service's bill of sale checklist, enter into a warranty maintenance and bill of sale agreement and post security to guarantee those items in accordance with subdivision ordinance Section 913.10.

(B)

Plans and specifications required for land development permit. The applicant shall furnish to the public works director or his designee the construction plans and specifications designed in accordance with the approved preliminary plat and the requirements of this chapter for the construction of all improvements. The applicant shall also furnish a complete land development permit application form as furnished by the public works department, and shall submit the review fee established by the board of county commissioners by resolution. The applicant must have obtained and shall submit copies of all jurisdictional agency permits, and all utility permits and franchises required by the Indian River County utility division prior to the issuance of a land development permit. All construction plans and specifications must be prepared, signed and sealed by a professional engineer who is registered in the State of Florida. Engineering calculations and tests in support of any of the proposed plans and specifications may be required. The drawings and required information shall be so complete that review and analysis can be made from them without research of any outside data. Five (5) copies of the plans shall be submitted on twenty-four-inch-by-thirty-six-inch sheets unless another size is approved by the county public works director, and shall contain, but shall not be limited to:

1.

A cover sheet, including a location map;

2.

Complete details including water, sewer, and storm drainage system. The proposed general location of wells and septic tanks shall be in conformity with the requirements of the Indian River County health department and all state and local ordinances;

3.

A master stormwater management and flood protection plan and complete calculations and exhibits as required by Chapter 930;

a.

A master lot drainage plan for all single-family lots showing at a minimum finish lot grades at four (4) lot corners and two (2) side lot line mid-point locations, and showing finish floor elevation for the house pad and elevation of typical adjacent accessory structures such as lanai, patio, and pool.

4.

Construction details showing compliance with county standards or alternate design as approved by the county public works director;

5.

Special profile sheets, if necessary, showing special or unique situations;

6.

Benchmark location, based on North American Vertical Datum 1988 (NAVD88);

7.

Soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed, when required by the public works director. Soil conservation service information may be used when available. Where impervious soils or muck are encountered, the plans shall reflect a satisfactory design to cope with such conditions;

8.

The plans shall contain the special conditions and specifications pertaining to the subdivision in note form on the plans, such as:

a.

Required compliance to the subdivision requirements;

b.

Where applicable, required compliance with state standards as currently adopted and in use;

c.

Minimum standards for materials;

d.

Test requirements for stabilization, base and backfill;

e.

Source of water and sewer services;

f.

Traffic-control devices and pavement markings.

9.

The plan and profile of each proposed street and improvement to existing streets such as deceleration or turn lanes (indicating the existing ground surfaces and proposed street grade surfaces including extensions for a distance of fifty (50) feet beyond the tract boundary) with tentative finished grades indicated, and lot grading plan and including easement work, clearing and grubbing, and structural details of facilities in right-of-way;

10.

A typical cross-section of each type of proposed street or bikeway, showing the width of pavement,the location and width of sidewalks, where required, and right-of-way;

11.

Proposed erosion control facilities and the limits of earthwork construction, both as to final construction and for protection during construction;

12.

Plans for street lighting landscaping, parks, recreational areas and parking area. The plans shall have applicable approvals of all governmental agencies which are affected by the construction and have jurisdiction;

13.

Projects engineered by more than one firm shall be coordinated by a single engineering firm or an engineer of record appointed by the developer;

14.

A certificate from a surveyor registered in the State of Florida that a permanent or temporary reference marker has been located in the public right-of-way at a corner point of the subdivision near the entrance way of the proposed subdivision. The reference marker shall be identified on the plat of the subdivision and shall be used to establish the grade level for all improvements in the subdivision;

15.

Where the design of the subdivision includes man-made canals or waterways, plans of the proposed construction will be included and shall indicate:

a.

All bulkhead lines;

b.

Detailed cross-sections showing existing and proposed depths;

c.

Location of hard pan, muck or other unique soil conditions; and

d.

Details of bulkhead construction.

16.

Developer shall submit to the community development department copies of the applications to or permits from all other permitting agencies that are applicable to the project.

17.

The land development permit drawings shall depict all proposed site improvements associated with the subdivision project. Amenities that are shown but not required by the county or other jurisdictional agencies shall be clearly labeled in bold print as "Not required, optional."

(C)

Review.

1.

Within three (3) working days of receipt of said plans and specifications, the planning department will check the plans and specifications for completeness and conformance with the approved preliminary plat, maintain one copy of the plans for the project file, and forward the remainder to the public works department.

2.

Within three (3) working days of receipt of the application and materials from the planning department, the public works department shall route the plans and specifications to the applicable departments for review. Within fifteen (15) working days after receipt of such plans and specifications, the applicable departments shall submit their comments and recommendations to the public works director. The applicant will be advised in writing by the public works department of all applicable departmental comments within twenty-five (25) working days from date of application submittal.

(D)

Approval of plans and specifications. After the applicant has adequately addressed all departmental comments and has submitted to the public works department revised documents in accordance with departmental comments and has submitted copies of all required jurisdictional agency permits, the public works director shall, within ten (10) working days, approve or disapprove, the construction plans and specifications and issue a land development permit. Prior to disapproving any permits the public works department shall provide to the applicant a second set of comments.

(E)

Appeals. Appeals of decisions from the public works department may be made to the board of county commissioners. The public works department shall schedule the meeting. The board of county commissioners can overturn the appeal only if the application is found to meet all requirements of the county standards.

(F)

Modifications. Minor modifications to approved preliminary plats may occur after the issuance of a land development permit, subject to approval by the public works department. Any revisions to layout of the preliminary plat are subject to the provisions of section 913.07(4)(N), modifications.

(G)

Inspections. The public works director, county engineer, community development director, county administrator, fire division, and county utilities director, or their representatives, shall have the right to inspect the project for the purpose of ensuring that all improvements are being constructed in conformance with the provisions of this chapter, the approved preliminary plat, and land development permit. All required data, tests and reports specified in this chapter shall be submitted and approved by the public works director prior to acceptance or final approval of improvements. Required installation of subsurface construction such as water and sewer lines, public utilities, traffic-control devices and storm drainage shall be completed prior to compaction of subgrade and road construction.

1.

Reasonable tests results may be required by the public works director, provided to the county at the expense of the applicant by a testing laboratory approved by the public works department. Compaction testing shall be done one test every eight hundred (800) feet, with a minimum of three (3) tests per lift, per street. Such tests shall include, but not be limited to, compaction tests for subgrade, base and asphalt, material specifications tests to assure adherence to specifications of base, soil cement, asphaltic concrete, Portland cement concrete, drainage pipe and other materials, sanitary sewer pipe, water lines and materials and tests of other such materials and procedures as may be required to assure that construction is according to the plans and specifications approved by the land development permit.

(H)

Notification. The respective county division shall be notified, in writing, or by telephone, of the commencement and completion of the following items of construction so that an immediate inspection can be performed to ensure construction in conformance with said approved construction plans and specifications and the requirements of this chapter. If the county notifies the developer that no county inspector is available to inspect within forty-eight (48) hours of an inspection request, and if a delay in inspection would cause a delay in the project, then this requirement may be met by submission of a certificate from the engineer of record that all construction was completed in accordance with the land development regulations:

1.

Waterlines and sanitary sewer lines prior to backfilling (utilities division);

2.

Stabilized subgrade (public works division);

3.

Curb and concrete work (public work division);

4.

Roadway base (public works division);

5.

Surface course (public works division);

6.

Permanent reference monuments and permanent control points (public works division);

7.

Storm sewer (public works division);

8.

Emergency access and fire protection water supply fire division.

The failure to notify the respective divisions of the commencement and completion of the construction of such items shall be good cause to refuse to issue a certificate of completion until such further investigation is conducted to verify compliance with the land development permit. All water and sewer improvements must be inspected by the Indian River County utilities director or his representative or the appropriate municipal or private utility representative prior to backfilling.

(I)

Final inspection; certificate of completion. Upon completion of construction of the improvements, the applicant shall provide the public works director with the following:

1.

A certified letter stipulating that construction of the improvements has been completed and requesting final inspection and approval;

2.

The testing reports and certificates of compliance from material suppliers;

3.

Three (3) sets of as-built construction plans;

4.

Documents from a registered engineer with his seal affixed certifying that the improvements have been constructed in conformity with the land development permit and the provisions of this chapter;

5.

A document from the county utilities division approving all utility installations. If a municipality or other utility is serving the development with water or sewer, there must be a document indicating acceptance of the construction for the water or sewer system by the utility;

6.

Release of liens and affidavit that all liens are released, or release of lien arrangements approved by the county attorney, on all improvements required by this chapter. Upon receipt of the above items, the public works division and the community development department shall review said data and make a final inspection of the constructed improvements and shall notify the applicant of any items of noncompliance with the approved construction plans and specifications. A certification of completion shall be issued by the public works director when all improvements are completed in conformity with the approved design. This certificate shall release the construction surety;

7.

The public works director may issue a certificate of completion even if certain required improvements, such as sidewalks, final layers of roadway asphalt, required off-site improvements that are identified in an approved developer's agreement as "bondable", and minor items have not been completed. Such improvements may be uncompleted at the time of certificate issuance if, in the opinion of the public works director, the developer shows by competent evidence that the required improvement, if completed would be damaged by future construction and delay of completion of the improvement would not affect the health, safety or welfare of the residents of the subdivision. All such required improvements to be completed shall be specified on the certificate of completion and shall be guaranteed for future construction in accordance with subdivision ordinance section 913.10(1) or an approved developer's agreement.

No certificate of completion shall be issued until an executed warranty and maintenance agreement and maintenance security are submitted to the county by the developer in accordance with subdivision ordinance section 913.10.(2). No certificate of occupancy shall be issued for a residence in a new subdivision until a certificate of completion has been issued for the required improvements necessary to serve the residence.

(J)

Term of permit. A land development permit shall be valid for a period of five (5) years or the period of time covered by the approved preliminary plat with which the permit is associated, whichever is less. During the period of time that the permit is valid, construction of subdivision improvements may occur in accordance with the issued permit, subject to the developer maintaining valid jurisdictional agency and department permits required for various activities (e.q. utility permits).

If the initial land development permit (or a subsequent land development permit) expires and further construction of subdivision improvements is necessary, then the developer shall either:

1.

Apply for and obtain a new land development permit, or

2.

Apply to the public works director or his designee for an extension of the land development permit. Said extension request may be granted by the public works director or his designee for a specified period of time if:

a.

The request is submitted in writing prior to expiration of the permit, and

b.

Staff determines that no substantial re-design of the project would be necessary if a new permit were to be applied for and obtained.

(6)

Final plat. The approved final plat is the official record of the subdivision to be filed with the county clerk. It is verification that the subdivided land has been developed substantially in accordance with the approved preliminary plat or that a bond has been posted which will secure the development as specified in the final plat. The final plat must be approved by the board of county commissioners and recorded by the clerk of the circuit court before the developer may sell any lot or parcel.

(A)

Development phases. The applicant may schedule proposed development phases within any proposed subdivision.

1.

The scheduled development phases shall have been specified on the approved preliminary plat and shall be of such a size and design and be scheduled so that all portions completed at any time can exist independently as a subdivision in complete conformance with the requirements of the subdivision chapter.

2.

Any change in the schedule of phases must receive prior approval by the planning and zoning commission. If phased, the applicant shall have the option of requesting either final plat approval or the issuance of a certificate of completion on one or more of the development phases in conformance with all the procedures and requirements of this chapter.

3.

The applicant may not apply for final plat approval on any portion of the approved preliminary plat which he does not propose to record and develop within the following twelve (12) months. Failure to either:

a.

Make application for, and within twelve (12) months of application obtain, final plat approval of a development phase; or

b.

To request, and within three (3) months of the request obtain, the issuance of a certificate of completion for a development phase on an approved preliminary plat within a period of eighteen (18) months from the date of approval of the preliminary plat constitutes as expiration of the plat unless the applicant applies and receives approval for an extension pursuant to 913.07(4)(K), or extension of a phase or phases of a project pursuant to 913.07(4)(J)2.

4.

Any phase of development not constructed within the approved timeframes will result in expiration of the preliminary plat. The applicant must obtain re-approval of the phase schedule prior to the expiration date of the phase. If the applicant does not obtain re-approval of the phase schedule, the preliminary plat will be subject to further conditions by the board of county commissioners or be terminated.

(B)

Procedure. No final plat application shall be submitted for approval prior to the issuance of land development permit or land development permit waiver. The final plat application shall be submitted on a form furnished by the planning division and shall be accompanied by:

1.

The appropriate filing fee;

2.

A certified cost estimate, when required in conjunction with a construction contract or maintenance agreement. The certified cost estimate shall be prepared by the developer's engineer and shall include the cost of surveying, engineering and construction of all required improvements except that surveying and engineering costs shall be excluded from a certified cost estimate prepared for a maintenance agreement. A cost estimate, when required, shall be prepared in substantially the following form:

CERTIFICATE OF COST ESTIMATE

I, ___________, A Florida registered engineer, License No._____, do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate for said improvements is $ _____. This estimate has been prepared, in part, to induce approval by the county of a final plat for the ___________ Subdivision, and for the purpose of establishing proper surety amounts associated therewith.

___________(Signature)

(Name, Florida Registered Engineer

License No. _____)

(AFFIX SEAL)

or the actual contract price(s) may be substituted for the engineer's cost estimate. For residential subdivisions, contracts for construction of required improvements shall be limited to twenty-five (25) percent of all required improvements, based upon the cost of improvements.

3.

A draft contract for construction of remaining required improvements in a form acceptable to the county attorney and proposal for appropriate security for required improvements as specified in Section 913.10 of this chapter if platting is proposed to occur prior to completion of required improvements;

4.

Ten (10) copies of the final plat drawing showing required information and certifications;

5.

A draft warranty and maintenance and bill of sale agreement in a form acceptable to the county attorney and proposal for appropriate security for maintenance of and bill of sale for improvements meeting the requirements of Section 913.10 of this chapter if platting is proposed to occur after completion of required improvements;

6.

A copy of the property owners' association documents which accept the responsibility for maintenance of all private streets, rights-of-way, easements, recreation areas, stormwater management facilities or other improvements;

7.

A copy of the final protective covenants and deed restrictions, where such covenants and restrictions are required or established by the applicant;

8.

All applicable informational requirements of subsection 913.07(6)(D) and (E) of this chapter; and

9.

Written confirmation from the developer's surveyor, submitted on a form provided by the public works director, that the final plat submittal conforms with all code requirements outlined on the "final plat checklist" provided by the county surveyor.

The community development director or his designee shall determine whether or not a final plat application is complete and can be routed for interdepartmental review. No incomplete application shall be routed for review. The final plat application shall be valid for a period of two (2) years from the date it is filed with the planning division. The community development director or his designee may grant a one-year extension of the application.

(C)

Format of drawings. The final plat shall be:

1.

Prepared by a land surveyor registered and licensed in the State of Florida;

2.

On sheets twenty-four (24) inches by thirty-six (36) inches, with one-half-inch margin on three (3) sides and a three-inch margin on the left side for binding;

3.

To a scale not smaller than one inch represents one hundred (100) feet. For subdivisions exceeding one hundred (100) acres, the scale may be as small as one inch represents two hundred (200) feet or as approved by the community development director or his designee;

4.

Clearly drawn or printed with permanent black drawing ink;

5.

On linen tracing cloth or stable base film a minimum of 0.003 inches thick coated upon completion with plastic material or a nonadhered scaled print on a stable base film made by photographic processes to ensure permanency; and

6.

Printed with lettering no smaller than one-eighth (⅛) inch, with a commensurate letter-line width.

(D)

Information required, (all information as required in Chapter 177.091, F.S.). The final plat shall contain:

1.

A title block;

2.

The name of the proposed subdivision which shall not duplicate nor closely approximate the name of any other existing subdivision in the county. If the plat is an addition to an existing subdivision, it shall bear the same name as the existing subdivision. For planned developments, plats shall contain "PD" within the title;

3.

The name of the county and state;

4.

The legal description;

5.

The date of preparation of the final plat and of any revisions;

6.

A prominent "north arrow" on each sheet showing any portion of the subdivided lands; also, the reference bearing or azimuth in the notes or legend;

7.

The scale stated and graphically illustrated on each sheet;

8.

An index sheet on page one showing the entire subdivision and indexing the area shown on succeeding sheets. Each sheet must show the particular number of the sheet and the total number of sheets as well as clearly labeled match lines;

9.

The point of beginning shown together with the letters P.O.B. in bold letters when a point of beginning is used in the legal description;

10.

a.
The initial point in the description shall be accurately tied to the nearest government corner, and a second point shall be tied to a second government corner. A certified corner record must be submitted to the county surveyor and to the department of environmental protection for each such corner, in accordance with Florida Statutes Section 177, Part III;

b.

Ties to at least two (2) Indian River County Horizontal Control Network (IRCHCN) monuments shall be provided if any portion of the site to be platted is within one (1) mile of one (1) such monument. This requirement shall not apply to areas covered by a valid, preliminary plat approved prior to June 1, 1995. Where such ties are required, state plane coordinates shall be shown on the certified corner records. This requirement to tie into the IRCHCN may be waived by the county surveyor for subunits or replats of plats that have already been tied into the IRCHCN.

c.

Ties to government corners and to IRCHCN monuments shall conform to FGCC Third Order Class I standards and shall be so certified on the face of the plat under the certificate of surveyor.

11.

A location sketch showing the existing zoning and land use classification of the subject site and of the adjacent property;

12.

All adjacent property identified by the subdivision name, plat book and page number; if not platted, so state;

13.

Boundary lines of the subdivided tract shown as a heavy line;

14.

County and city limit lines within or abutting the tract;

15.

Permanent reference monuments and permanent control point locations as prescribed in Chapter 177, Florida Statutes, and installed prior to submission of final plat;

16.

Survey data including all pertinent dimensions;

17.

Lot and block identification. Each lot and each block shall be identified;

18.

Street names;

19.

The location and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat by bearing and distances;

20.

"Not included" parcels to be labelled "not a part of this plat";

21.

The intended use of all reserved areas shall be shown on the plat;

22.

All areas within the plat boundaries labelled as either lots, rights-of-way, or tracts. The use and maintenance responsibilities of all tracts shall be noted on the plat;

23.

All easements including limited access easements shall be graphically depicted and dimensioned;

24.

The following statements shall be noted on the plat in a prominent place:

"Notice: No construction, trees or shrubs will be placed in easements without county approval,"

"Notice: There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county";

"Notice: Routine maintenance (e.g. mowing, etc.) of easements shall be the responsibility of the lot/property owner(s) and not Indian River County," and

"Notice: Property owners are prohibited from planting any Caribbean fruit fly and Asian Citrus psyllid (citrus greening) host plants as specified herein and are required to remove the same if any exists: Cattley Guava, Common Guava, Loquat, Rose Apple, Surinam Cherry, Orange Jasmine, and Chinese Box Orange."

25.

An eight (8) inch long by two and one-half (2 ½) inch tall space with a minimum four (4) inch long line for the clerk's file number (CFN) shall be provided in the upper righthand corner of each sheet to be used by the clerk of the circuit court for recording information. The following shall be depicted within said space:

PLAT BOOK:_____

PAGE:_____

CLERK'S FILE NUMBER (CFN):_____

26.

No strip or parcel of land reserved by the owner unless it is of sufficient size to be of some particular use or service or is environmentally sensitive; and

27.

The boundary of the final plat having a mathematical error of closure not greater than .01 foot. Any plat undertaking to establish a local tidal datum and determine the location of the mean high water line or mean low water line shall comply with the notification requirements of Florida Statutes Section 177.37;

28.

All subdivisions abutting the Atlantic Ocean shall provide a note on the final plat which states that individual or shared private beach accesses, must comply with all standards of Chapter 932.

29.

Information required by applicable Chapter 971 regulations for either "subdivisions with special sideyards" projects or "small lot single-family subdivision" projects.

(E)

Covenants, restrictions, reservations.

1.

All covenants, restrictions or reservations placed by the developer or required by the county shall appear on the final plat or be established by separate recorded document, which documents shall be submitted to the county with the final plat. If done by separate document, the public record location of such documents shall be indicated beneath the subdivision name as follows: "Covenants restrictions, or reservations affecting the ownership or use of the property shown in this plat are filed in Official Record Book No. _____, page _____."

2.

When the subdivision to be platted is not serviced by public potable water and/or wastewater collection systems, the following statement, completed as appropriate, shall be listed on the final plat: "In the future, when a potable water distribution and/or a wastewater collection system becomes available to service the subdivision, service improvement(s) and connections(s) to all lots shall be made by the property owners and shall be paid for by the property owners."

(F)

Certifications. The final plat shall contain on the face or first page the following certifications, dedications, and approvals, all executed and acknowledged as required by law, in the forms set forth below:

1.

Dedications. The purpose of all reserved areas shown or referred to on the plat and of the improvements shall be defined in the dedication. All areas reserved for use by the residents of the subdivision and all areas or facilities intended for public use, shall be specifically dedicated by the owner of the land at the time the plat is recorded. All streets, rights-of-way, easements, recreation facilities designed to serve more than one property owner shall be dedicated to the county or to a private property owners' association in a manner that will ensure access to and use by present and future owners of the properties to be served. Where private dedications are involved, ownership and maintenance association documents shall be submitted with the final plat. The dedication shall clearly dedicate the private facilities to the association without recourse to the county or any other public agency. All dedicated areas shall be identified as tracts unless all such areas are dedicated to one entity and clearly identifiable. All dedications shall be in the following forms or as approved by the county attorney:

CERTIFICATE OF DEDICATION

(Corporate)

STATE OF _______

COUNTY OF _______

KNOW ALL MEN BY THESE PRESENTS, that (exact corporate name), a (state) corporation, fee simple owner of the land described and platted herein, as (exact name of subdivision), being in Indian River County, Florida, have caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows:

(Individual)

KNOW ALL MEN BY THESE PRESENTS, that ___________, fee simple owner of the land described and platted herein, as (exact name of subdivision), being in Indian River County, has caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows:

(SELECT AS APPROPRIATE):

a.

Streets and rights-of-way:

(For public streets)

All streets and rights-of-way shown on this plat (name specifically if less than all) are hereby dedicated in perpetuity to Indian River County, Florida for the use and benefit of the public for proper purposes.

(For private streets)

All streets and rights-of-way shown on this plat (name specifically if less than all) are hereby declared to be and shall remain private. They are dedicated for the use and benefit of the owners and residents of this subdivision, and shall be the perpetual maintenance obligation of the (state exact legal name of maintenance entity). All public authorities, including but not limited to police, fire, ambulance, Mosquito Control District and utility providers shall have the right to use the streets in the course of performing their respective duties. The board of county commissioners of Indian River County, Florida, shall have no responsibility, duty or liability whatsoever regarding such streets.

b.

Utility easements. The utility easements shown are dedicated in perpetuity to Indian River County for the construction, installation, maintenance and operation of utilities by any utility provider, including cable television services, in compliance with such ordinances and regulations as may be adopted from time to time by the board of county commissioners of Indian River County, Florida.

(When the subdivision plat provides street-side utility easements, the following additional statement shall be added to the previously listed utility easements dedication language:)

"Front yard utility easements are subject to the right of each lot to have a driveway for ingress/egress as approved by the county."

c.

Drainage and stormwater management easements.

1.

The drainage easements as shown are dedicated in perpetuity to and shall be the perpetual maintenance obligation of the (give exact name of maintenance entity) for construction and maintenance of drainage facilities.

(When the subdivision plat provides street-side drainage easements, the following additional statement shall be added to the previously listed drainage easements dedication language:)

"Front yard drainage easements are subject to the right of each lot to have a driveway for ingress/egress as approved by the county."

2.

The stormwater management tracts as shown are dedicated in perpetuity to and shall be the perpetual maintenance obligation of the (give exact name of maintenance entity) for construction and maintenance of such facilities.

(When the stormwater tracts are to be dedicated to a private entity and not Indian River County, the following additional statement shall be added to the previously listed stormwater management tracts dedication language:)

"Indian River County is granted the right to use and drain into the tracts and also granted the right, but not the obligation, to perform emergency maintenance on the tracts."

The Indian River County Mosquito Control District has the right of entry upon these tracts for the limited inspection, prevention, or treatment of mosquito control infestations, as allowed by law.

d.

Park and recreation areas. The park and recreation areas as shown are dedicated in perpetuity for the (exclusive use and enjoyment of the owners of lots in this subdivision) (Use and enjoyment of the public) and shall be the perpetual maintenance obligation of (give exact name of maintenance entity, if private) (Indian River County, Florida.)

e.

Limited access easements. The limited access easements as shown are dedicated in perpetuity to the board of county commissioners of Indian River County, Florida for the purposes of control and jurisdiction over access rights.

(ADD APPROPRIATE CONCLUSION):

(Corporate)

IN WITNESS WHEREOF, the above named corporation has caused these presents to be signed by its _______ and its corporate seal to be affixed hereto by and with the authority of its board of directors this _____ day of _______, 19_____.

(FULL CORPORATE NAME), a corporation of the State of _______

By: ___________ (Signature of president or vice president or chief executive) Type Name and Title of Officer (signature must have two (2) witnesses or be under corporate seal).

(Individual)

IN WITNESS WHEREOF, (I) (we), (name(s), have hereunto set (my) (our) hand(s) and seal(s) this _____ day of _______, 19___.

WITNESSES:

___________(signature)
(Typed name)

_______

(ADD ACKNOWLEDGEMENT OF THOSE EXECUTING THE DEDICATION)

f.

Conservation easements as shown are dedicated in perpetuity to the board of county commissioners of Indian River County, Florida for the purpose of preservation of native vegetation.

2.

Joinder and consent to dedication by mortgagee or other party in interest:

MORTGAGEE'S CONSENT

STATE OF _______

COUNTY OF _______

The undersigned hereby certifies that it is the holder of (a) mortgage(s), lien(s), or other encumbrance(s) upon the property described hereon and does hereby join in and consent to the dedication of the land described in said dedication by the owner thereof and agrees that its mortgage(s), lien(s), or other encumbrance(s) which (is)(are) recorded in Official Record Book _____ at page(s) _____ of the public records of Indian River County, Florida, shall be subordinated to the dedication shown hereon.

(CORPORATE)

IN WITNESS WHEREOF, the said corporation has caused the presents to be signed by its _______ and its corporate seal to be affixed hereon by and with the authority of its board of director this _____ day of _______, 19 ___.

(Corporate Name), a corporation of the State of _______

By (signature of president vice president or chief executive officer)

(Typed name and title of officer)

(AFFIX CORPORATE SEAL) or have two witnesses

(INDIVIDUAL)

IN WITNESS WHEREOF, (I) (we), ___________ do hereunto set (my) (our) hand(s) and seal(s) this _____ day of _______, 19___. WITNESSES.

___________ (signature)

(Typed name)

___________

(ADD ACKNOWLEDGEMENT OF THOSE EXECUTING MORTGAGEE'S CONSENT)

Note: In accordance with Florida Statutes, Section 177.081, this joinder may be executed by a separate instrument joining in and ratifying the plat and all dedications thereon. If this means of joinder is used, such fact must be stated on the plat together with a reference to the location in the public records of such separate instrument.

3.

Certificate of title. A title certification shall appear on the face or first page of each plat and shall state:

a.

The lands as described and shown on the plat are in the name of, and apparent record title is held by, the person, persons, or organizations executing the dedication;

b.

That all taxes have been paid on said property as required by Section 197.192, Florida Statutes, as amended; and

c.

The official record book and page number of all mortgages, liens, or other encumbrances against the land, and the names of all persons holding an interest in such mortgage, lien or encumbrance.

The title certification shall be an opinion of a Florida attorney-at-law. The county reserves the right to require that the title certification be brought current at the time of final plat approval.

4.

Certificate of surveyor. The plat shall contain:

a.

The signature, registration number and official seal of the land surveyor, certifying the survey data compiled and shown on the plat complies with all of the requirements of Chapter 177, Florida Statutes, as amended, chapter in the following forms:

CERTIFICATE OF SURVEYOR

KNOW ALL MEN BY THESE PRESENTS, That the undersigned, being a licensed and registered land surveyor, does hereby certify that on ________ he completed the survey of the lands as shown in the foregoing plat; that said plat is a correct presentation of the lands therein described and platted or subdivided; that permanent reference monuments have been placed and each P.C.P. will be set as shown thereon as required by Chapter 177, Florida Statutes and Subdivisions and Platting, Chapter 913; and that said land is located in Indian River County, Florida.

Dated ________ Registration No._____;

b.

A statement that permanent reference monuments, "P.R.M.," have been set in compliance with Chapter 177, Florida Statutes,as amended; and

c.

Each P.C.P. will be set under the direction and supervision of the surveyor within one year from the date the plat was recorded. When required improvements have been completed prior to the recording of a plat, the certification shall state that each P.C.P. has been set in compliance with the laws of the State of Florida and ordinances of Indian River County. When plats are recorded and improvements are to be accomplished under surety posted as provided for by this ordinance, the required improvements and surety shall include each P.C.P. In this case the certification will state that each P.C.P. will be set and the surveyor will file an affidavit of record when set in place.

5.

Certificate of approval by the board of county commissioners. The plat shall contain the approval and signature block for the board of county commissioners and the acknowledgement and signature block of the clerk of circuit court and the county attorney. In the event the plat contains dedications to the county, this certificate shall also indicate whether the county accepts in whole or in part the dedications made. The following form is acceptable:

CERTIFICATE OF APPROVAL BY BOARD OF COUNTY COMMISSIONERS

THIS IS TO CERTIFY, that on ________ the foregoing plat was approved by the board of county commissioners of Indian River County, Florida. (Address acceptance of dedications in whole or in part, as appropriate.)

___________

Chairman of the Board

Attest:

___________

Clerk to the Board

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

___________

County Attorney

6.

Certificate of approval by county administrator. The plat shall contain the approval and signature block of the county administrator in the following form:

CERTIFICATE OF APPROVAL BY COUNTY ADMINISTRATOR

Examined and Approved _______ Date ________

7.

Clerk's certification.

State of Florida

County of Indian River

I, [Clerk's name], Clerk of Circuit Court and Comptroller of Indian River County, Florida, do hereby certify that I have examined this plat of [subdivision name] and that it complies with all the requirements of Chapter 177 of the Laws of Florida, as amended. This plat filed for record this _____ day of _______, _____ and recorded in Plat Book _____ Page _____, Clerk's File Number (CFN) _____, in the office of the Clerk of the Circuit Court and Comptroller of Indian River County, Florida.

[Clerk's name], Clerk of Circuit Court and Comptroller of Indian River County, Florida.

By:___________

Deputy Clerk

8.

Instrument prepared by. The name and address of the natural person who prepared the plat shall be contained on the plat. The name and address shall be in statement form consisting of the words, "This instrument was prepared by (name), (address)."

9.

Signatures. All signatures required shall be originals on the final plat and shall be made in permanent dark ink acceptable to the public works director.

(G)

Review of final plat documents. The community development director or his designee shall schedule all applications for review by the TRC, in the same manner as stated in section 913.07(4)(F).

1.

During review of a final plat submittal, if the county attorney's office reviewer and/or the county surveyor determine after a partial review that the submittal is grossly deficient in meeting code requirements, then the county attorney's office reviewer and/or the county surveyor, in coordination with the reviewing county planner, may issue a "stop review" determination and require the applicant to prepare a new submittal for a second technical review committee review and meeting agenda.

2.

Prior to scheduling a final plat for action by the board of county commissioners, the clerk of court and county surveyor must review the final plat mylar for compliance with applicable codes and statutes.

(H)

Approval by the board. Upon completion of the county staff review, the final plat and application along with recommendations shall be forwarded to the board of county commissioners for review and consideration for approval. The board of county commissioners shall determine whether the final plat is in substantial conformity with the preliminary plat and meets all the requirements of the laws, rules and regulations of Indian River County and after consideration shall approve, postpone for future consideration, approve subject to specified conditions or disapprove for stated reasons.

In rejecting any final plat, the board shall provide reasons for such action and recommendation making reference to specific sections in these regulations and Florida Statutes, Chapter 177 or applicable county policy established by the board. The community development division shall send a copy of such reasons to the developer within ten (10) working days following the commission meeting. The subdivider may comply with the recommendations made by the board of county commissioners and resubmit the final plat to the community development division for processing as prescribed above. The commission shall indicate its approval on the final plat by signature of the chairman.

(I)

Recording. The final plat shall then be accepted by the county clerk for recording in the circuit court of Indian River County. After recording, the developer may sell lots.

(J)

Acceptance of public improvements. Approval of said final plat shall constitute acceptance by the county of all public areas or improvements dedicated to Indian River County according to the terms set out in the acceptance block.

1.

The owner shall be required to maintain the accepted improvements in good condition for a period of three (3) years from the date that a certificate of completion is issued by the public works director. At the end of the three-year period, the improvements shall be in such condition that they meet the requirements of this ordinance as it existed at the time of approval of the final plat. [Reference sbdivision ordinance section 913.10(2).]

2.

The county accepts no obligation to perform any act of construction or maintenance except when the obligation is voluntarily and expressly assumed by the county.

3.

The county shall withhold all public improvements, including the maintenance of streets, from all subdivisions which have not been accepted in the manner herein provided.

4.

No changes, erasures, modifications or revisions shall be made in any final plat after approval unless the plat is first resubmitted for approval.

5.

There shall be no reference to any possible reversion of any property in the dedication of a plat.

6.

The developer shall pay all of the costs of public improvements and certify that they have been paid at the time of dedication or at the time of issuance of a certificate of completion.

7.

All mortgagees or others having a lien on the land shall join in or ratify the plat and all dedications thereon executed and shall certify that all dedicated lands are free from such mortgages or other liens.

8.

The county will accept no obligation to repair or maintain navigable canals, waterways or bulkheads. Waterways and canals must be dedicated to and accepted by a property owners' association. Bulkheads that abut private or public streets must also be accepted for maintenance and repair by the property owners' association.

(7)

Plat vacation requests. A plat vacation request shall be made through the planning division on an application form furnished by that division. The application shall be valid for a period of two (2) years from the date it is filed with the planning division. The community development director or his designee may grant a one-year extension of the application. A filing fee established by the board of county commissioners by resolution shall accompany any request. The request shall be reviewed by the technical review committee (TRC) as scheduled by the planning division. Prior to the TRC meeting, the planning division shall notify (by regular mail) adjacent property owners regarding the plat vacation request. Once the applicant has adequately addressed all TRC comments, the plat vacation request shall be scheduled for consideration by the board of county commissioners in accordance with F.S. ch. 177.101, which governs plat vacations.

(8)

Right-of-way abandonment requests. A right-of-way abandonment request shall be made through the planning division on an application form furnished by that division. The application shall be valid for a period of two (2) years from the date it is filed with the planning division. The community development director or his designee may grant a one-year extension. A filing fee established by the board of county commissioners shall accompany any request. The request shall be reviewed by the technical review committee (TRC) as scheduled by the planning division. Prior to the TRC meeting, the planning division shall notify (by regular mail) adjacent property owners regarding the right-of-way abandonment request. Once the applicant has adequately addressed all TRC comments, the abandonment request shall be scheduled for consideration by the board of county commissioners in accordance with F.S. ch. 336, which governs right-of-way abandonments.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 15, 16, 30, 31, 2-27-91; Ord. No. 91-23, § 6, 5-15-91; Ord. No. 91-48, § 39, 12-4-91; Ord. No. 92-11, §§ 6, 7, 18—21, 27, 4-22-92; Ord. No. 92-39, §§ 16, 17, 9-29-92; Ord. No. 93-29, § 8C, 9-7-93; Ord. No. 94-25, § 17(A)—(E), 8-31-94; Ord. No. 95-10, § 19, 5-31-95; Ord. No. 96-24, § 1(a), (b), 12-17-96; Ord. No. 2000-015, §§ 1—4, 5-9-00; Ord. No. 2001-016, §§ 2—4, 6-19-01; Ord. No. 2002-004, § 4, 2-12-02; Ord. No. 2005-007, §§ 1, 2, 5, 6, 3-15-05; Ord. No. 2005-012, §§ 1, 2, 4-19-05; Ord. No. 2005-014, 4-19-05; Ord. No. 2006-012, §§ 1, 2, 4-11-06; Ord. No. 2006-023, § 3, 8-22-06; Ord. No. 2007-036, § 1, 10-23-07; Ord. No. 2012-018, §§ 1—4, 7-10-12; Ord. No. 2012-023, § 2, 7-10-12; Ord. No. 2018-003, §§ 1, 2, 3-13-18; Ord. No. 2018-018, §§ 1—6, 9-18-18; Ord. No. 2018-019, § 1, 9-18-18)

(1)

Improvements required in all subdivisions. Each subdivision shall contain the following improvements designed and constructed to conform to the requirements and specifications in the applicable laws of Indian River County and the State of Florida:

(A)

Streets;

(B)

Easements;

(C)

Utilities systems;

(D)

Erosion control provisions;

(E)

Stormwater and floodwater management system according to Chapter 930;

(F)

Street signs and traffic control markings and signs;

(G)

Permanent control points;

(H)

Rights-of-way; and

(I)

Tree and vegetation protection;

(2)

Improvements required in some subdivisions. Each subdivision shall contain the following improvements designed and constructed to conform to the requirements and specifications in the land development regulations of Indian River County and the State of Florida if required in the zoning district or other land development regulations applicable to the subdivision:

(A)

Bikeways;

(B)

Sidewalks;

(C)

Alleys;

(D)

Buffering facilities and areas;

(E)

Fire hydrants;

(F)

Parks and recreational areas and facilities (see section 913.09(20));

(G)

Beach access structures and areas;

(H)

Curbing;

(I)

Street lights;

(J)

Reserved;

(K)

Bridges and culverts when necessary;

(L)

Filling and drainage as necessary;

(M)

Traffic control devices as necessary;

(N)

Header curbs;

(O)

Native vegetation preserve areas;

(P)

Environmentally sensitive land preserve areas;

(Q)

Emergency access;

(R)

Transportation system improvements (off-site and on-site);

(S)

Marginal and limited access easements; and

(T)

Other provisions as may be required by land development regulations.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Introduction. All subdivisions shall be designed in conformity with the requirements of this section.

The following department of transportation manuals (latest editions) shall serve as guidelines in conformance with this chapter and Indian River County Standard Specifications.

(2)

Preservation of natural or historic features. In all subdivisions, the applicant shall take reasonable measures to preserve all natural, archaeological, and historic features which will add attractiveness and value to the remainder of the property being subdivided. Some of these features are large trees, water resources, archaeological and historic areas and structures and similar community assets. All applicable requirements found in Chapter 933, Historical and Archeological Resources Protection, shall be satisfied.

(3)

Streets and rights-of-way.

(A)

Applicable standards. All streets, highways and lighting shall substantially conform to be in compliance with the following guidelines and standards.

(B)

Compliance with Chapter 952, Traffic Standards. All subdivisions shall comply with the standards set forth in Chapter 952 (Traffic).

1.

Minimum street and rights-of-way widths. The minimum street and rights-of-way widths shall be as stated in Chapter 952, Traffic. The board of county commissioners 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 engineering practice. No variance will be granted on minimum right-of-way widths for public streets. Right-of-way widths for one-way streets may be reduced from the above standards as approved by the public works director.

(C)

Relation to existing streets.

1.

Adjoining areas. The pattern of streets in new subdivisions shall provide for the continuation of existing streets from adjoining areas, or for their proper projection where adjoining land is not subdivided. Where a right-of-way is proposed to be located adjacent to a parcel not located in the proposed subdivision, and where the adjacent property will not be accessed from the proposed right-of-way, buffering satisfying the requirements of section 913.09(C)(5) shall be provided between the adjacent property and the proposed subdivision street.

2.

Adjacent areas. Where street extensions into adjacent undeveloped land are necessary to ensure a coordinated street system, or to provide adequate access and circulation for future development, provisions for such future street or streets shall be made.

3.

Extensions to existing roadways. Extensions of existing public roads may be required to provide adequate access and circulation, and/or to mitigate against the negative impacts of developments having lengthy dead-ended streets or closed street systems. Failure to provide adequate extensions may result in a reduction (to a density as low as one unit per acre) in the number of lots served by long dead-ended street systems.

4.

Emergency access. The planning and zoning commission based on a recommendation from the fire division may require one or more emergency accessways; with corresponding easements, construction, and maintenance provisions, where it is determined that the permanent access point or points proposed should be augmented by emergency access alternatives to facilitate and ensure the delivery of emergency services and to provide project residents with access alternatives during emergencies.

5.

Abutting collector and arterials. Where a residential subdivision abuts or contains an existing or proposed major or minor arterial or collector street, special provisions shall be made to minimize vehicular traffic noise to residential sites, provide landscape buffering between residential subdivisions and major roadways, and provide tree canopy along major roadways. The special provisions shall include a Type "A" or Type "B" buffer, as specified in Chapter 926, with a minimum width of twenty-five (25) feet and one (1) or more of the following:

a.

A berm or berm/hedge opaque feature, at least six (6) feet in height at the time of installation, measured from the finished floor elevation of the proposed adjacent residential structure. The berm shall be constructed with a slope not greater than thirty-three (33) percent. Adequate irrigation shall be provided together with maintenance provisions by a homeowner's association.

b.

A solid wall, at least six (6) feet in height, above the mean average elevation of the sites. Where walls are used, canopy trees shall be installed at least seven (7) feet from the face of the wall, and understory trees shall be installed at least five (5) feet from the face of the wall. Required understory trees and shrubs shall be located on the side of the wall facing the arterial or collector. The wall variation requirements of subdivision ordinance section 913.09(9)(c) shall apply.

c.

The planning and zoning commission may require or approve additional or alternative provisions as warranted by special circumstances, including the existence and preservation of existing vegetation.

These special buffering and landscaping provisions shall apply whether or not a subdivision is separated from an arterial or collector road right-of-way by an intervening canal or similar right-of-way.

The landscape buffer shall be located in a landscape or open space tract to be dedicated to and maintained by a homeowners' association.

6.

Half-streets. The creation of half-streets is prohibited except where a previously platted half-street abuts the subject tract in which case the unplatted one-half (½) street shall be created, or except where the public works and community development directors determine that a half-street area is required to be created to project an existing right-of-way alignment to an adjacent property to allow for the future development.

a.

Where a proposal development abuts a pre-existing half-street, and abandonment of the half-street is not secured prior to preliminary plat approval, the proposed development shall be designed and approved so as to: dedicate without compensation the right-of-way necessary to bring the half-street up to local road standards, use the upgraded half-street for vehicle access for the project, and comply with the road paving standards of Chapter 952.

1.

As an alternative to designing vehicle access to the project via the updated half-street, the developer may choose to design his project with no vehicular access (except for emergency vehicles) to the half-street and contribute the right-of-way necessary to bring the half-street up to local road standard. Regardless of project design with respect to project half-street access, the developer will be deemed to have benefitted from the half-street because of his ability to obtain access directly from the half-street and therefore shall be subject to the obligation to dedicate without compensation the right-of-way necessary to bring the half-street up to local road standard.

7.

Intersections.

a.

All streets shall be arranged, if possible, to intersect at right angles.

b.

Curved streets shall have an essentially straight tangent, at intersections, of at least one hundred (100) feet.

c.

Intersections on arterial or collector routes shall have acceleration, deceleration and turning lanes if found to be necessary by the county public works director due to the number of total or peak trips or the type of vehicle(s) using the intersections.

d.

Intersections of more than two (2) streets at one point are prohibited.

e.

Street jogs with centerline offsets of less than two hundred fifty (250) feet shall not be allowed unless approved by the public works director.

f.

Local street intersections along collector streets identified on the county thoroughfare plan shall be no closer together than three hundred thirty (330) feet or as approved by the public works division.

g.

The first point of access to a marginal access road from a primary collector or arterial street shall be at least three hundred thirty (330) feet from the intersecting right-of-way lines of arterials as shown on the Indian River County Thoroughfare Plan with subsequent intervening access points being at least six hundred sixty (660) feet from the intersecting right-of-way lines, unless otherwise approved by the public works director and the community development director.

h.

Marginal access roads must comply with minimum internal intersection separation requirements of two hundred (200) feet.

i.

Median access points on arterial roads shall be allowed only at intersections of other arterial roads or of collector roads. Deceleration lanes may be required. Additional access points may be permitted if deemed necessary by the public works division.

j.

On any arterial or collector road, the required road right-of-way width may be increased by twelve (12) feet, if deemed necessary by the public works director, within one hundred fifty (150) feet of the intersection with another arterial to permit proper intersection design or improvements.

8.

Dedication to public required. All streets shall be either dedicated to the public or dedicated to and maintained by a private homeowners' association. If a street proposed for dedication to the county in a new subdivision will be a continuation of an existing dedicated and accepted street, the entire street right-of-way for the proposed street shall be dedicated to the public and platted with the subdivision. Roads deemed necessary to provide access to adjacent properties shall be dedicated to the public unless adequate legal provisions can be made to guarantee access to and use of the street system by area property owners.

(D)

Dead-end streets and culs-de-sac.

1.

Dead-end streets or culs-de-sac with one end permanently closed shall not exceed five hundred (500) feet in length unless the lots are more than one acre in size or as approved by the community development director. Length shall be measured from the center of the cul-de-sac to the centerline of the intersecting street.

2.

All culs-de-sac shall terminate with a circular right-of-way having a minimum outside diameter of one hundred twelve (112) feet and a pavement diameter including mountable curb of no less than one hundred (100) feet unless approved by the fire division.

• Cul-de-sac roadways less than one hundred fifty (150) feet in length shall require a minimum pavement diameter of seventy-five (75) feet with a minimum right-of-way outside diameter of one hundred (100) feet.

• Cul-de-sac roadways one hundred fifty (150) feet in length and greater shall have a minimum right-of-way outside diameter of one hundred twelve (112) feet and a minimum of one hundred (100) feet of pavement diameter, including mountable curb, unless an alternate turnaround is approved by the fire division.

3.

Where a street is to be temporarily dead-ended at a property line and is to be continued when adjoining property is subdivided, a temporary T-type turnaround shall be provided, able to support fire apparatus and meeting dimensions set forth by the fire division.

(E)

Intersection radii.

1.

At intersections, rights-of-way shall be joined by arcs tangent to the right-of-way lines and having a radius of at least twenty-five (25) feet. Increased radii may be required as provided for in the requirements of Chapter 952, Traffic.

2.

At the end of a cul-de-sac, the right-of-way line on the outside of the turning circle shall be joined to the right-of-way line along the street by arcs having a radius of at least twenty-five (25) feet.

(F)

Swales. Swales along the sides of internal project streets are not permitted. Where swales are provided to convey stormwater between homes, these swales shall:

1.

Comply with standard county specifications;

2.

Be designed to accumulate and carry water pursuant to a stormwater and flood protection plan in a manner that will not flood street pavement;

3.

Easements to access retention and detention basins and side lot swales shall be provided as specified in Chapter 930. When the flood protection and stormwater management plan calls for retention or detention areas, easements shall be dedicated around the perimeter for ingress and egress for maintenance in accordance with Chapter 930. Side lot swales shall be provided where necessary in accordance with Chapter 930.

(G)

Median divider strips. Median divider strips shall be allowed in accordance with the M.U.T.C.D., provided the right-of-way is expanded in an amount corresponding to the width of the median. Maintenance and irrigation shall be the responsibility of the homeowners association, approved by public works.

(H)

Street designations. New streets which are extensions of existing streets shall bear the designation of the existing street. All others shall be designated with the approval of the Indian River County planning division in conformance with Chapter 951. In no case shall a name for a proposed street duplicate or closely approximate an existing street name. The community development division shall notify all interested agencies of street designation changes or new streets including the postal service, the sheriff's department and 911 emergency system.

(I)

Traffic-control devices. The design of traffic-control devices shall be in conformance with the Manual of Uniform Traffic Control Devices and shall be provided as required by the public works division.

(J)

[Subdivision roads.] Subdivision roads shall be paved in accordance with the following county specifications:

1.

Local roads (flexible pavement). A stabilized sub-grade of eight (8) inches compacted to ninety-eight (98) percent maximum dry density as established by A.A.S.H.T.O. Procedure T-180; the base should consist of, six (6) inches of cemented coquina shell or six (6) inches of limerock meeting FDOT specifications, compacted to ninety-eight (98) percent dry density as established by A.A.S.H.T.O. Procedure T-180; and an asphalt surface of at least one and one-half (1½) inches of Superpave asphalt type SP12.5 (Traffic Level C). In addition, the minimum specifications should require that a five-foot shoulder stabilized to a depth of six (6) inches be provided to accommodate subdivision parking and vehicles that might run off the road, for a rural section. For a curb and gutter street, the stabilization should extend to six (6) inches behind the back of curb. The required minimum one and one-half (1½) inch asphalt surface shall be provided in one (1) layer.

As an option to the one and one-half (1½) inch asphalt surface, a one and one-quarter (1¼) inch layer of Superpave asphalt type SP12.5 (Traffic Level C) may be installed and a minimum of one (1) inch surface layer of asphalt type SP 9.5 (Traffic Level C) must be bonded for certificate of completion. The surface layer must be installed prior to two (2) years from date of certificate of completion; prior to issuance of a certificate of occupancy for the last residence within the subdivision (or a separately platted phase of a subdivision); or sixty (60) days prior to turnover to a homeowners' association, whichever occurs first.

2.

Collector and arterial roads (flexible pavement and soil cement base). Public works requires that a minimum design should incorporate traffic projections for a twenty-year life and should be designed according to the Florida Department of Transportation Flexible Pavement Design Manual latest revision, or the American Association of State Highway and Transportation Officials Guide for the Design of Pavement Structures. The typical sections should incorporate swales and a minimum median of sixteen (16) feet for multi-lane divided highways. All right-of-ways should be sufficient to accommodate these requirements. For two-lane undivided arterial collector roadways a minimum of twenty-four (24) feet of pavement with eight-foot stabilized shoulders should be required.

3.

All roads (rigid pavement). All rigid pavements will be designed in accord with the AASHTO Guide for Design of Pavement Structures.

4.

[Minimum design speed; terminus points.] All streets in excess of one thousand (1,000) feet in length shall have a minimum design speed of thirty (30) m.p.h. with appropriate intersection design and traffic-control devices. Streets less than one thousand (1,000) feet in length shall have a minimum design speed of twenty (20) m.p.h. Terminus points for the purpose of measuring lengths shall be intersections, or from any point with a deflection angle greater than forty-five (45) degrees.

5.

Curbs. Curbing (such as mountable, non-mountable, Miami gutter) is required along both sides of all roads within subdivisions and planned developments having individual lots of four (4) acres or smaller.

(4)

Bikeways. The project developer shall be responsible for the provision of a bikeway(s) along the project site's frontage on all rights-of-way or easements as designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan.

(a)

Specifications. All bikeways shall be constructed in accordance with specifications found in the Florida Department of Transportation (FDOT) Bicycle Facilities Planning and Design Manual (most recent edition), unless otherwise approved by the public works director or the director's appointed designee. In approving construction plans for bikeways, the public works director, or the director's appointed designee, shall also consider the specifications listed in the comprehensive bikeway and sidewalk plan in relation to the following items:

1.

Width: Bikeways shall be constructed at the minimum width specified in the county comprehensive bikeway and sidewalk plan. The public works director, or the director's appointed designee, may approve construction plans proposing less than the listed minimum width in order to accommodate design constraints for the bikeway(s);

2.

Location: Bikeways shall be constructed in the locations specified in the county comprehensive bikeway and sidewalk plan. The public works director, or the director's appointed designee, may approve alternative locations in order to accommodate design constraints for the bikeway(s);

3.

Identification: Bikeways shall be posted or identified by permanent markings as set forth by the FDOT Bicycle Facilities Planning and Design Manual (most recent edition) and the Federal Highway Administration (FHA) Manual on Uniform Traffic Control Devices (MUTCD) (most recent edition).

(b)

Provision. The developer shall be required to provide for construction of a required bikeway segment(s) in compliance with one (1) of the following methods, as approved by the public works director or the director's appointed designee:

1.

Exemptions. The developer is exempted from the requirement to provide a bikeway segment(s) along an unpaved thoroughfare plan roadway which is not scheduled for improvement on the county's twenty-year roadway improvement plan schedule.

2.

Method. When required to construct or provide a required bikeway segment(s), the developer shall:

a.

Construct the required bikeway segment(s) if the roadway and corresponding bikeway segment(s) are designated as a primary pedestrian corridor and if construction can satisfy the design and safety criteria of the FDOT Bicycle Facilities Planning and Design Manual. As an alternative, the developer may delay construction by "bonding-out for construction" of the segment(s) as described in subsection 913.09(4)(c); or

b.

Transfer to the county the obligation to construct the required bikeway segment(s) by providing a cash payment of funds equal to one hundred (100) percent of the estimated cost to construct the required bikeway 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 bikeway 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 FDOT Bicycle Facilities Planning and Design Manual.

(c)

Timing. The developer shall be responsible for providing the required the bikeway segment(s) in compliance with subsection 913.09(4)(b)2.a. or b. prior to receiving a certificate of completion for required subdivision improvements. However, in the event the developer is required to construct the required bikeway segment(s) (subsection 913.09(4)(b)2.1.), the developer may delay construction of the required bikeway 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 improvements and post security to guarantee the completed contract in conformance with subsection 913.10(1). 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.

(5)

Sidewalks. The project developer shall be responsible for providing sidewalk improvements along the project site's frontage on 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 within residential projects, and shall be known as "internal sidewalks." For residential projects with a density of three (3) units per acre or more, sidewalks shall be provided on both sides of all internal streets. For residential projects with a density less than three (3) units per acre, sidewalks shall be provided on at least one (1) side of all internal streets unless an alternative sidewalk/pedestrian system is approved by the public works director or his designee and the community development director or his designee. An approved alternative system shall provide for convenient pedestrian access from project residences to common areas within the project and to the existing and/or future off-site public sidewalk/pedestrian system. Residential subdivisions and planned developments with lot sizes of four (4) acres or more are exempt from the 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:

1.

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 a minimum of four (4) feet wide along local roads and internal roads. 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.

2.

Location: Be located outside the roadside recovery area unless protective devices are provided (e.g. non-mountable curbs).

3.

Accessibility: Have a curb cut and/or ramp at intersections, where required by federal and/or state accessibility requirements.

4.

Culs-de-sac: 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 subsection 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 project. Where a project'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 adjacent project to ensure that the design and construction of the sidewalk system interconnection is properly coordinated and accurately reflected on the project's land development permit drawings.

(b)

Provision. The developer shall be required to provide for construction of required sidewalk segments as follows:

1.

Sidewalk segments along 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 twenty-year roadway improvements plan schedule.

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, the developer shall:

i.

Construct the required sidewalk segment(s) 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, or

ii.

Obtain the public works director's approval to delay construction by "bonding-out for construction" of the segment(s) as described in subsection 913.09(5)(b)1.c., or

iii.

Obtain approval of the public works director to 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)1.b.i. or ii. prior to receiving a certificate of completion for required subdivision improvements for the corresponding subdivision project. In the event that the developer is required to construct the required sidewalk segment(s) (subsection 913.09(5)(b)1.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.

Internal sidewalk segments along local roadways.

a.

Responsibility. The developer shall be responsible for providing internal sidewalks along internal project roadways adjacent to project entrances and common areas. Those developer-provided sidewalks shall be depicted on the approved project preliminary plat and land development permit and shall be constructed in accordance with the timeframe for the construction of required subdivision improvements.

The builder/lot owner shall be responsible for providing the sidewalk required along his lot's street frontage, as depicted on the approved project preliminary plat and land development permit. For subdivisions platted prior to adoption of this provision (9-8-2009) and that have outstanding obligations for providing internal sidewalks, the provision for builder/lot owner responsibility may be applied if authorized by recorded covenants, restrictions, and lot owner consent and, if applicable, mortgagee consent, in a manner acceptable to the county attorney's office, including a covenant that the applicable covenants and restrictions cannot be modified or terminated without county approval. 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 subsection 913.09(5)(b)2.a., above, the following requirements shall apply to multiple phase projects that are under unified control. If a subdivision consists of multiple phases that are under unified control, sidewalks must be completed on ninety (90) percent of the lots in the preceding phase prior to the issuance of a certificate of completion (C.C.) for the next phase of the project. If a certificate of completion on a subsequent phase is needed prior to the completion of ninety (90) percent 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 ninety (90) percent completion requirement for the preceding phase.

For purposes of calculating the ninety (90) percent threshold, sidewalks adjacent to lots shall be considered completed if:

i.

A valid reservation agreement (as determined by the county attorney) with deposit has been signed by the end user of the lot;

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.

c.

Exemptions.

i.

For residential projects with a density of less than three (3) units per acre, 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 his designee.

ii.

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 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 in the area surrounding the project are such that it is anticipated that sidewalks could not be effectively integrated into an existing or future sidewalk system;

E.

The developer provides for an alternate route and/or improvement that adequately accommodates pedestrian traffic attracted or generated by the project and with an existing or future sidewalk system.

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.

d.

Method. When required to construct or provide an internal sidewalk segment(s), the developer shall:

i.

Construct the required sidewalk segment(s) along the local internal roadway or alternative route approved under subsection 913.09(5)(b)2.c.ii.E. As an alternative to "up 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.e.

e.

Timing. The developer shall be responsible for providing his required internal sidewalk segment(s) in compliance with subsections 913.09(5)(b)2.b. and 913.09(5)(b)2.d.i. 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 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 shall be for a period of two (2) years and may be extended subject to payment of the applicable extension fee adopted by the board of county commissioners and the conditions and timeframes provided in these regulations. The construction contract and security arrangement may provide for annual reductions in the posted security amount based on completed and inspected sidewalk segments. Reduction requests are subject to payment of the applicable reduction fee adopted by the board of county commissioners and the conditions and timeframes provided in these regulations. The developer may delay construction of the required common area sidewalk segment(s) for a period of up to four (4) years following final plat approval. For those subdivisions platted before September 8, 2009, with regard to required sidewalks fronting and/or contiguous to individual lots, a two-year extension not to exceed December 12, 2016, may be granted so long as a valid sidewalk construction contract was in existence as of August 20, 2013, subject to payment of the applicable extension fee adopted by the board of county commissioners and the conditions and timeframes provided in these regulations.

ii.

For projects platted prior to February 17, 2009, 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.

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 attorney's 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 subsection 913.09(5)(b)2.b., above.

(6)

Lots. Except where site plan approved projects are platted-over, lots shall conform to size and dimension requirements, as well as shape and access requirements as specified below. For site plan approved projects that are being platted-over, the approved site plan shall govern access/frontage requirements, setbacks, and the location and dimensions of all structures and required project improvements. Residential lots in site planned plat-over projects shall include only the area of dwelling units and immediately adjacent improved living areas (e.g. porches, courtyards, driveways, and other impervious areas). Nonresidential lots on site planned plat-over projects may include building area and other facilities that serve the building area (e.g. parking and traffic circulation areas).

(A)

Size.

1.

The area and dimension of all lots will conform to the requirements of the Indian River County land development regulations and to the comprehensive land use plan.

2.

Corner lots shall have along both street frontages a width equal to the width required by the appropriate zoning district regulations, plus the difference between the required front yard setback and the required side yard setback.

3.

Substandard lots or remnants of land are prohibited unless specifically use-designated, dedicated and accepted as parks, environmentally sensitive areas, buffer zones, or other common areas or as use approved via an approved preliminary plat.

(B)

Shape of lots.

1.

Side lot lines shall be straight and essentially perpendicular to straight street lines and radial to curved street lines, unless the relationship of existing or planned streets combined with the size of the property in question would allow a superior design not utilizing straight lot lines.

2.

All lots must be of sufficient area and dimensions to permit their use in full conformance with the existing zoning regulations and land use plan.

3.

Flag lots shall be prohibited along straight segments of roadway and be avoided whenever possible along curves and culs-de-sac.

(C)

Access to lots.

1.

Every lot in a subdivision shall have direct vehicular access to a dedicated local or marginal access street which has been accepted and maintained by Indian River County or by a property owners' association.

2.

Access points to all single-family lots shall be:

a.

At least thirty (30) feet from the right-of-way line of the nearest intersecting street; and

b.

At least one hundred seventy-five (175) feet from the nearest right-of-way line of the intersection of a collector or higher classification street with another collector or higher classification street.

3.

Access points to non-single-family lots shall conform to the applicable standards of section 952.12.

4.

Access to any lot in a subdivision from an arterial or collector street is prohibited; limited access easements shall be provided along such streets. Subdivisions will be designed to provide access to lots by use of local or marginal access streets or approved driveways (nonresidential subdivisions only).

5.

Double frontage lots may only be created where they front on and access a local street and the rear of the lot is buffered as required in subsection 913.09(3)(c)5 of this chapter; limited access easements shall be provided along such streets.

6.

The frontage of lots that do not abut a cul-de-sac or curves shall be greater than or equal to the applicable minimum lot width required in the land development regulations.

7.

The frontage of lots that abut culs-de-sac or curves shall contain no less than thirty (30) feet of chord distance. Said minimum chord distance shall be deemed to satisfy lot frontage requirements.

(7)

Utilities.

(A)

Easements shall be located on the interior side of the front property line, centered on rear or side lot lines, or as otherwise approved by the utilities department.

(B)

Utilities shall be:

1.

Installed underground except for the usual "on ground" appurtenances used as part of the underground systems, provided the "on ground" appurtenances are so located as not to constitute any type of hazard, and except as exempted under section 913.09(7)(B)2.

2.

Utilities other than water and sewer are exempt from underground installation requirements in rural areas, outside the urban services area, or where such installation is not practical as determined by the public works director.

3.

Constructed in the easements or rights-of-way provided for the particular utility.

4.

Scheduled for construction so that all underground work is completed or provisions made that no finished construction will be disturbed in order to install underground services in the future. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled.

5.

Located so as not to conflict with the operation or maintenance of the drainage system.

(C)

Subdivisions without public water or sewer systems. Subdivision(s) that do not have public water or sewer systems shall have a uniform plan for the location of septic tanks and wells which shall be established by deed restriction and submitted in accordance with section 913.07(6)(E).

(8)

Alleys.

(A)

Dimensions.

1.

Width of the alley right-of-way shall be a minimum of twenty (20) feet.

2.

Width of the alley pavement shall be a minimum of eighteen (18) feet.

(B)

[Crowns.] Crowns may be either raised or inverted as required by the relationship to the drainage plan with a transverse slope of three-eighths (⅜) inch per one foot.

(C)

[Grades.] Grades shall be between three-tenths ( 3/10 ) and five (5) percent unless otherwise approved by the county engineer.

(D)

[Intersecting alleys.] Intersecting alleys and sharp changes in alignment of alleys are prohibited.

(E)

[Dead-end alleys.] Dead-end alleys are prohibited.

(F)

Construction and materials. All construction shall meet the requirements of the manual of the Indian River County Standard Specifications. This construction will require off-line treatment.

(9)

Walls and fences.

(A)

General. All walls or fences constructed along any perimeter boundary abutting any right-of-way shall:

1.

Be located on private property;

2.

Be of one (1) architectural design;

3.

Not exceed the height specified in the zoning district regulations;

4.

Be constructed of essentially maintenance free materials;

5.

Be constructed in accordance with county construction codes.

(B)

At intersections. At street intersections, walls, fences, plants or sight obstructions of any kind over two (2) feet in height are prohibited within the sight distance as provided by the M.U.T.C.D.

(C)

Wall variation. There shall be variation in the design of subdivision walls along roadways.

1.

Variation shall be provided by use of one (1) or more of the following design criteria or other similar design measures approved in writing by the community development director:

a.

Using two (2) color paint schemes.

b.

Staggering the location of the wall. Straight wall length should not exceed one hundred (100) feet and shall be interspersed with either decorative metal fencing or opaque landscaping. The minimum dimension of the offset in the wall shall be three (3) feet.

c.

Accenting the wall with sections that include decorative fencing such as aluminum pickets, or other typical fence styles. These sections where decorative fencing is provided are to be no more than twenty (20) percent opaque.

d.

Reducing long straight walls by eliminating some wall sections and replacing with berms and landscape plantings.

2.

In residential subdivisions, walls may be used only in conjunction with Type "A" and "B" buffers not less than twenty-five (25) feet in width. Plant reductions are not permitted when using a wall as the required six-foot opaque feature. All required shrub and understory plant material shall be located outside of (on the street side of) the wall.

3.

If the perimeter wall terminates on either side of a subdivision entrance without additional offsets or jogs to form the entry feature or gated opening, the end of the wall shall terminate at least fifty (50) feet behind the back of curb of the subdivision entrance, and the required landscape plantings shall wrap around the end of the wall.

4.

Where walls are utilized, they shall be designed to include openings to allow for wildlife passage. These openings are to be a minimum of sixteen (16) inches by thirty-two (32) inches wide and spaced no more than two hundred (200) feet apart along the length of the wall.

(10)

Waterways. All waterways and water bodies shall be designed and constructed as specified Chapters 928, 930 and 934.

(11)

Erosion control. All easements, unpaved right-of-way areas, and dedicated tracts on the plat shall be grassed in accordance with the applicable standards in Chapter 930. Erosion control facilities such as headwalls, retaining walls, and others shall be installed where necessary. Slopes steeper than three (3) feet horizontal to one foot vertical shall be solid sod and pegged. Dedicated county road right-of-way shall be restored with solid sod if disturbed during construction.

(12)

Bridges. All bridges shall:

(A)

Be designed in general accordance with the current standards and practices of the department of transportation;

(B)

Be designed for department of transportation's H-20-S16-44 loading standard;

(C)

Be constructed of reinforced concrete. Other low maintenance materials may be used if approved by the public works director and the board of county commissioners;

(D)

Include provisions for utility installation;

(E)

Have a clear road width, between curbs, of two (2) feet on each side in excess of the pavement width;

(F)

Include a continuation of any sidewalk or bikeway improvements established within the right-of-way; and

(G)

Include adequate erosion protection.

(13)

Stormwater and floodwater systems. A stormwater management system or, if applicable, a floodwater protection stormwater management system, shall be constructed in accordance with the requirements of Chapter 930. Stormwater shall be retained in a lake for all subdivisions and planned developments except as allowed below. Drainage swales shall be permitted only for conveyance purposes and shall not for count toward meeting capacity requirements. Dry detention may be used only in circumstances where retention in a lake would conflicts with the county's aquifer recharge policies or with preservation of trees and vegetation. In addition, dry detention may be used if warranted by soils or other site characteristics if approved in writing by the public works director in accordance with Chapter 930 provisions and regulations.

(14)

Signs. All street signs erected on the subdivision-site shall conform to the requirements of Chapter 956, Signs.

(15)

Planned developments. All planned developments shall conform to the requirements of Chapter 915, Planned Developments.

(16)

Fire hydrants. Fire hydrant systems shall be provided in all subdivisions served by a water system. The hydrants and water supply systems shall be located, designed and installed in conformance with the rules set forth by the division of utilities and the fire division and shall be spaced to have a five-hundred-foot radius of coverage.

(17)

Canals and waterways. Width and depth: the excavation of navigable canals or waterways from submerged lands in Class II waters, aquatic preserves or the boundaries of the Pelican Island National Wildlife Refuge is prohibited. When permitted, canals and waterways shall be the minimum width necessary to accomplish the purpose for which they are constructed. An applicant desiring to construct a canal or waterway must affirmatively show a design that will prevent stagnation and eutrophication of the system, provide sufficient flushing and maintain the ambient water quality. The excavation of any such canal or waterway shall not be for the purpose of obtaining fill. All proposed and constructed canals and waterways shall conform to the requirements of Chapters 928, 930, 932, and 934.

(18)

Bulkheads. Bulkheading is not permitted unless the applicant can obtain a variance pursuant to the provisions of section 913.11. In addition to the section 913.11 review criteria, the applicant must also demonstrate, to the satisfaction of the board of county commissioners, that the project will not damage the environment or adjoining properties, prior to approval for any variance to allow bulkheading. The applicant shall follow the variance procedure of section 913.11. All proposed bulkheads shall comply with the requirements of Chapter 932.

(19)

Dune crossovers. All subdivisions abutting the Atlantic Ocean shall provide at least one common beach access (dune crossover) that meets all applicable standards of Chapter 932. A note must be included on the final plat which states that individual or shared private beach accesses must comply with all standards of Chapter 932.

(20)

Recreation tracts; location and restrictions. Recreation tracts shall be located, designed, constructed, maintained, and operated in such a manner that minimizes adverse noise and lighting impacts on adjacent or nearby residential development.

(A)

Recreation tracts located within one hundred twenty-five (125) feet of the boundary of the subdivision shall either be:

1.

Designated on the final plat as being used for passive recreation uses: no active uses such as basketball or tennis courts shall be permitted on these tracts; or

2.

Be buffered from adjacent subdivision boundaries with a minimum twenty-five (25) feet wide Type "A" or "B" buffer with a six-foot opaque feature (see Chapter 926).

(B)

Any and all lighting used within recreation tracts shall be approved by the county and shall be adequately shielded to prevent lighting or glare to encroach onto properties adjacent to or nearby the subdivision.

(21)

Common green space and/or recreation space. All residential subdivisions with a density of more than one and one-half (1.5) units per acre shall provide in separate tracts a minimum of seven and one-half (7.5) percent of the total project site area as common green space and/or recreation space. Upland preserves, wetland areas, and created littoral zones may be credited towards this requirement. Required perimeter buffers shall not be credited toward meeting this common green space requirement. For purposes of this regulation, "recreation space" may include recreational facilities and amenities such as ball courts, pools, clubhouses, similar facilities, and supporting improvements such as parking area. Common spaces credited toward meeting this requirement shall be located and designed to be conveniently accessible to all project residents, and shall be sized, located, and designed to function as a project amenity such as a park, conservation area, recreation facility, or other similar type of amenity.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 17, 2-27-91; Ord. No. 91-23, § 7, 5-15-91; Ord. No. 91-48, § 40, 12-4-911; Ord. No. 93-29, §§ 12B, 12C, 9-7-93; Ord. No. 94-25, § 11, 8-31-94; Ord. No. 96-6, §§ 2, 3, 12, 2-27-96; Ord. No. 99-13, § 4, 5-5-99; Ord. No. 2001-016, §§ 5—7, 6-19-01; Ord. No. 2004-001, § 1, 1-13-04; Ord. No. 2005-030, §§ 3—10, 9-6-05; Ord. No. 2006-023, § 1, 8-22-06; Ord. No. 2007-012, § 1, 3-20-07; Ord. No. 2009-002, § 1, 2-17-09; Ord. No. 2009-013, § 1, 9-8-09; Ord. No. 2012-018, §§ 5, 6, 7-10-12; Ord. No. 2013-023, § 1, 12-10-13)

(1)

Construction security.

(A)

When construction of required improvements is to be completed following final plat approval, the developer shall, at or prior to final plat approval, execute a contract for construction of the required improvements and post security in an amount equal to one hundred twenty-five (125) percent of the estimated total cost of required improvements remaining to be constructed.

(B)

The contract shall be on a form provided by the county and shall obligate the developer to complete all "bondable" required improvements and all other improvements shown on the land development permit (unless the improvement is shown on the land development permit as not required and optional) in accordance with the land development permit, the approved plans and specifications, and county development regulations and standards, within a period of one (1) year from the date of final plat approval. Sidewalks may be bonded-out for multiple years in accordance with subdivision ordinance section 913.09(5).

(C)

The estimated total cost of improvements remaining to be constructed shall include survey, engineering and construction costs and shall be approved by the public works director after review of an itemized cost estimate prepared and certified by the developer's engineer, or an actual contract price or portion thereof for the work remaining, if available.

(D)

The security posted to guarantee performance of the contract shall expire, if at all, no less than ninety (90) days beyond the last date for performance established by the contract, or any extension thereof. The security shall run in favor of the board of county commissioners, must be in a form acceptable to the county attorney, and may be either:

1.

Cash and a cash deposit and escrow agreement governing control and use thereof; or

2.

An irrevocable letter of credit (issued by a financial institution authorized to conduct business within the state).

(E)

For good cause shown, the board of county commissioners may in its discretion grant one (1) or more extensions of time for performance of any contract for required improvements, provided the security supporting such contract remains valid for the required ninety-day period following the newly extended time for performance.

(F)

No certificate of occupancy for residential occupancy for any structure within a subdivision shall be issued until a certificate of completion has been issued for all required improvements, including required buffers, of the subdivision serving the residence, with the exception of sidewalks fronting lots rather than common areas, and any final lift of asphalt in excess of the amount required by county development regulations as of the date of issuance of the land development permit for the subdivision. Prior to issuance of a certificate of completion, the required code minimum layer of asphalt must be in place or the developer shall provide to the county either an irrevocable letter of credit or cash escrow in the amount of one hundred twenty-five (125) percent of the estimated cost of the final lift including striping and resetting survey PCPs, as certified by the developer's engineer and approved by the public works director. Security for a final lift of asphalt shall be by contract for construction of final lift of asphalt and either an irrevocable letter of credit or cash deposit and escrow agreement. The final lift of asphalt must be installed prior to two (2) years from project's certificate of completion; prior to issuance of a certificate of occupancy for the last residence within the subdivision (or a separately platted phase of a subdivision); or sixty (60) days prior to turnover to a homeowners' association, whichever occurs first.

(G)

As a voluntary option for posting security, a developer may post a letter of credit that initially secures a contract for construction of remaining required improvements and later, at the time a certificate of completion is issued, is simultaneously released as construction security and re-designated as security for warranty and maintenance obligations. At the time of re-designation the amount of security may be reduced if approved by the public works director in coordination with the utility services director. Warranty and maintenance and bill of sale obligations secured under this option shall include water and sewer improvements as approved by the utility services director. This security option shall be executed on forms and agreements acceptable to the county attorney and shall be subject to the construction security and maintenance security regulations of section 913.10.

(H)

The board of county commissioners may charge fees to process requests to extend, modify, or substitute security and contracts for construction. Said fees shall be established by a formal resolution of the board of county commissioners.

(2)

Maintenance security.

(A)

Prior to issuance of a certificate of completion for required subdivision improvements, the developer shall execute either a warranty and maintenance agreement as provided in subsection (B) below or an agreement to defer the warranty and maintenance agreement and posting of maintenance security as provided in subsection (C) below. In conjunction with the execution of a warranty and maintenance agreement, the developer and/or its contractor shall provide security guaranteeing the required road and drainage improvements against all defects in workmanship or materials for the period of one (1) year from the date of issuance of the certificate of completion. The one-year maintenance period commences at the time the certificate of completion is issued and not when the final lift of asphalt is applied in the event a final lift of asphalt is secured by either a separate irrevocable letter of credit or cash escrow rather than installed.

(B)

The warranty and maintenance agreement shall be on a form provided by the county attorney's office and shall be secured by an amount equal to twenty-five (25) percent of the total actual cost of the improvements covered as approved by the public works director and, if covering water and/or sewer improvements for a bill of sale, as approved by the utility services director. Three (3) months prior to the end of the maintenance period, the project engineer shall accompany the public works department on an inspection of the required project road and drainage improvements. Based on the inspection, the public works department shall determine if the required road and drainage improvements are properly functioning and in good repair or if deficiencies exist that require correction. If deficiencies are found and are not corrected by the end of the guarantee period, the board of county commissioners may call upon the maintenance security as provided below in subsection 913.10(3).

Maintenance security shall be either:

1.

Cash and a cash deposit and escrow agreement governing control and use thereof; or

2.

An irrevocable letter of credit issued by a financial institution authorized to conduct business within the state; or

3.

A maintenance bond underwritten by a security insurer with an A.M. Best's rating of A-VI or greater and authorized to transact such business in this state.

The posted security shall expire, if at all, no earlier than ninety (90) days following the end of the guarantee period. Security for required road and drainage improvements shall run to the benefit of Indian River County.

Prior to the county maintenance inspection of required road and drainage improvements, the county shall notify subdivision residents of the inspection. Notice may be provided by sign posting, mail, flyers, or advertisement.

At the end of the guarantee period, the public works director may release the posted security under the terms of the warranty and maintenance agreement which shall require certified inspection reports under seal from the developer's engineer and a determination from the public works director that required road, drainage, and sidewalk improvements meet applicable county performance standards.

(C)

The developer (owners) and the county may agree to defer execution of a warranty and maintenance agreement and posting maintenance security at the time of issuance of a certificate of completion if the following criteria are met:

1.

The road and drainage improvements that are the subject of the deferral are not needed to serve existing project residents.

2.

The developer (owners) defines the "deferral area" and agrees to not sell any lots/units or obtain any building permit for construction within the deferral area until a warranty and maintenance agreement is executed and maintenance security is posted for road and drainage improvements within the deferral area.

3.

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.

4.

The agreement/covenant is recorded in the public records.

(3)

Failure to perform. In the event a developer and/or its contractor fails to perform the obligations for construction or maintenance required under the above referenced agreements, the board may call upon the surety provided, or any portion thereof, to be used for completion of the necessary remaining work. If the surety is exhausted prior to completion of the work necessary to complete the required improvements, the developer shall remain liable to the county for any resulting deficiency. The county is not responsible to complete any subdivision with county funds.

(4)

Release or reduction of security.

(A)

No construction security shall be released until a certificate of completion has been approved by the public works director, or his designee and security for maintenance has been established as required above.

(B)

Reduction in the amount of surety required, other than a final draw or reduction, may be authorized by the public works director after completion of any distinct and separate phase or portion of the required improvements. The amount of any given reduction shall not exceed eighty (80) percent of the cost of the completed work, as determined by the public works director following review of a cost estimate for said work prepared and certified by the developer's engineer. A reduction in construction security shall not be construed as acceptance of the improvement. Formal acceptance shall occur as provided elsewhere in this chapter, and only upon establishment of proper maintenance security, where required.

(C)

There shall be no reduction in the amount of security posted for residential subdivisions except for sidewalk improvements as provided in section 913.09(5)(b)2.c.

(5)

Security for municipalities. If the applicant is required to construct a public system which will be accepted by a municipality, the applicant shall furnish the municipality such security as the municipality may require, including security for both performance and maintenance of the system. Furthermore, prior to final plat approval, the applicant shall furnish to the planning department, evidence from the municipality that its requirements have been satisfied.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 96-6, § 4, 2-27-96; Ord. No. 2005-007, §§ 3, 4, 3-15-05; Ord. No. 2005-012, § 3, 4-19-05; Ord. No. 2005-032, § 1, 9-6-05; Ord. No. 2006-023, § 2, 8-22-06; Ord. No. 2007-014, § 1, 6-5-07; Ord. No. 2008-009, § 1, 4-29-08; Ord. No. 2018-018, § 7, 9-18-18)

(1)

General. Where the board of county commissioners finds that undue hardship or unreasonable practical difficulty may result from strict compliance with this ordinance, the board may approve a variance from the requirements of this ordinance if the variance does not compromise the public interest.

(2)

Conditions. The board shall not approve a variance unless it finds all of the following:

(A)

The particular physical conditions, shape, or topography of the specific property involved would cause an undue hardship to the applicant if the strict letter of the land development regulation is carried out;

(B)

The granting of the variance will not cause injury to adjacent property or any natural resource;

(C)

The conditions upon which a request for variance are based are unique to the property for which the waiver is sought and are not generally applicable to other property in the adjacent areas and do not result from actions of the applicant; and

(D)

The variance is consistent with the intent and purpose of the Indian River County land development regulations, the Indian River County Comprehensive Land Use Plan, and this Chapter.

If the board approves a variance, it may attach any such conditions to the variance as will assure that the variance will not result in noncompliance with the intent and purpose of this Chapter Violation of any such condition shall be deemed a violation of this Chapter.

(3)

Application for variance.

(A)

An applicant seeking a variance from this chapter shall submit a written request together with such fee as the county commission shall establish by resolution, to the community development division. The request shall address the conditions stated in section 913.11(2)(A)—(D) and shall state the reasons and facts supporting the variance. Upon receipt of the request, the commission will be notified and shall schedule a public hearing to consider the request.

(B)

Courtesy notice. The public hearing shall be advertised fifteen (15) days in advance. All property owners listed on the latest tax roll within three hundred (300) feet of the property on which a variance is requested shall be notified in writing by the community development division by U.S. mail. Lack of a property owner's receipt of such notice shall not be grounds to postpone or set aside any variance granted.

(Ord. No. 90-16, § 1, 9-11-90)

Violation of any of the provisions of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in county jail not to exceed sixty (60) days or by both such fine and imprisonment.

(Ord. No. 90-16, § 1, 9-11-90)

Requirements of the following sections shall be adequately addressed and satisfied. The technical review committee (TRC) may require information deemed necessary to demonstrate compliance with these regulations.

1.

Concurrency Management, Chapter 910.

2.

Zoning, Chapter 911.

3.

Developments of Regional Impact, Chapter 916.

4.

Landscaping and Buffering, Chapter 926.

5.

Trees and Vegetative Protection, Chapter 927.

6.

Environmentally Sensitive Area Protection, Chapter 928.

7.

Upland Habitat, Chapter 929.

8.

Floodplain/Stormwater Management, Chapter 930.

9.

Wellfield/Aquifer Protection, Chapter 931.

10.

Coastal Management, Chapter 932.

11.

Historical and Archeological Preservation, Chapter 933.

12.

Mining and Excavation, Chapter 934.

13.

Traffic, Chapter 952.

(Ord. No. 90-16, § 1, 9-11-90)

INSERT THREE (3) DIAGRAMS, PRELIMINARY PLAT, LAND DEVELOPMENT PERMIT, AND FINAL PLAT, PP.336.1—336.3 OF ORD.