Ord. 15-02 – Approved

This material was filed under
[ Code of Ordinances ]
Ord. 15-02 – Approved

ORDINANCE NO. 15 – 02

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, RELATING TO WATER MANAGEMENT; AMENDING SECTION 16.5-37(1)(c), TOWN CODE; PROVIDING FOR SEVERABILITY AND INTERPRETATION; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the movement of water needs to be properly managed; and

WHEREAS, when sites are developed or redeveloped water should be managed; and

WHEREAS, Town regulations need to accurately reflect Town requirements; and

WHEREAS, the Zoning and Planning Board, sitting as both the Zoning and Planning Board and the Local Planning Agency (LPA), has found this Ordinance to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan; and
WHEREAS, the Town Council adopts the LPA’s findings as its own.
NOW, THEREFORE, BE IT ENACTED by the Town of Indialantic, Florida:
SECTION 1. That Sec. 16.5-37(1)(c) is hereby amended to read as follows:
Sec. 16.5-37. General and Specific Requirements.

(1) Application. An application for development and redevelopment should include the following:

(a) Wetland assessment if warranted or a statement that there are no jurisdictional wetlands. The Town, at its discretion, may require a wetland assessment.

(b) Geotechnical evaluation to include

(1) Depth to wet season water table.
(2) Hydraulic conductivity – horizontal and vertical.

(c) Retention of the 10-year 24-hour rainfall event is required on site. The 10-year 24-hour rainfall to be utilized in the stormwater management analysis is 9”. 8”.

SECTION 2. Severability/Interpretation Clause
(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.
(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through are deletions from existing text.
(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.
SECTION 3. Effective Date. This Ordinance shall become effective immediately upon adoption.
PASSED by the Town Council of the Town of Indialantic on first reading the ____ day of ___________, 2015, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the _______ day of ______________, 2015.

TOWN OF INDIALANTIC

_____________________________
David Berkman
Mayor

ATTEST: _______________________
Laura Eaton, CMC
Town Clerk