HomeMy WebLinkAboutO-97-19ORDINANCE NO. O-97-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-10.2.H.10. OF THE
LAND DEVELOPMENT CODE RELATING TO PROCEDURES,
AMENDING SURFACE WATER MANAGEMENT PERMIT
APPLICATION AND REVIEW PROCEDURE BY SUBSTITUTING
COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABlLITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to procedures regarding surface water management permit
application and review; and
WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-10.2.H, 10. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
10. Surface water management permit application and review procedures:
a. Preliminary permit application. Any person who is in doubt as to
whether a proposed activity requires a permit under this section
may request a review by the city engineer upon completion of a
preliminary application form supplied by the Community
Development Director. No fee may be charged for the preliminary
application pursuant to city council resolution. The preliminary
application form shall be filed by the owner/applicant and shall
contain the following elements: (1) A location map; and (2) A
statement and sketch expressing the intent and scope of the
proposed project.
The completed preliminary application shall be submitted to the city
engineer for review. Within ten (10) working days after submission
of the complete preliminary application, the city engineer will notify
the applicant that either the project is approved, is exempt, or that a
formal permit application must be filed for the project.
Review procedures for Type A or B permit applications. If a Type
A or Type B permit is required for the project, the applicant shall
furnish all required stormwater management information, together
with flood protection information, if applicable, to the city engineer
on forms furnished by the Community Development Director. The
requirements of the surface water management policies shall be
administered during the site plan review processes (see section
20A-10.5) if the project requires site plan review. If the applicant is
subdividing, then administrative provisions for administering
subdivision review shall apply.
Review procedures for Type C permit applications. If a Type C
permit is required for the project, the applicant shall furnish all
necessary flood protection information to the city engineer on
forms furnished by the Community Development Director . The
application shall be reviewed by the city engineer within ten (10)
working days of receipt of the application. The city engineer's
recommendation shall be submitted to the planning and zoning
commission for approval. The decision of the planning and zoning
commission may be appealed to the city council pursuant to
procedures cited in section 20A-10.5.
in reviewing such permit application, the planning and zoning
commission, and the city council, in appeal cases, shall consider the
recommendations of the city engineer as well as criteria cited herein
and the applicant's plan and supportive data. No development shall
be approved if such development will result in an increase in the
elevation of the regulatory flood, additional threats to public safety,
extraordinary public expense, nuisance impacts, or violation of the
public interest, or local ordinance. A fee schedule may be
established by resolution of the city council.
Section 2, CODIFICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section3. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section4. SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July
1, 1997.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FroST READrNG, THIS DAY OF /~t;.~.~.' ,~', 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS/9/DAY OF ~/~dg_~ , 1997.
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The foregoing Ordinance was moved for adoption by Councilmember
)//ff~.~,~.j The motion was seconded by Councilmernber
~Sf~ -~¢~[c/k:,~'ZA~ and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwfight
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this/fi'day of
~r~ ,1997.
4
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
· -(seal)
.z'-_ Appremed its to.*F~T~-- and Content:
Valerie Settles. ~
City Attomey