BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NUMBER 169

Transcription

1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NUMBER 169 A ZONING ORDINANCE AMENDING SECTION 33-71, SITE PLAN REVIEW, CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, FLORIDA, BY AMENDING SUBSECTION (C) DESIGN AND CONSTRUCTION STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, APPLICA- BILITY, FILING WITH THE DEPARTMENT OF STATE, DEPARTMENT OF ENVIRONMENTAL REGULATION, AND DEPARTMENT OF COMMUNITY AFFAIRS, AN EFFECTIVE DATE, PENALTIES AND CODIFICATION. WHEREAS, this Board is authorized pursuant to Chapter 125, Florida Statutes, to provide, enforce, and amend zoning regulations in Martin County; and, WHEREAS, this Board has determined that it is necessary to amend Section 33-71(C) of the Code of Laws and Ordi-- nances of Martin County to amend the Design and Construction Standards. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMI4ISSIONERS OF MARTIN COUNTY, FLORIDA THAT : PART ONE: AMENDMENTS TO THE CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY. Section 33-71(C). Design and Construction Standards. All developments under this section shall conform to the following requirements: (1) The development shall directly abut a paved road maintained as part of the state highway system or the county road system, or the development shall abut a road constructed in a manner equal to the standards in Section 30-1/2-43 (I)(C) of this Code and which connects with a road maintained as part of the state highway system or the county road system. Language added to an existing section is printed in underscored type, and language deleted is printed in straek-tktaegk-type.

2 (2) Vehicular access points shall not be located within two hundred (200) feet of an existing or designated arterial or collector highway intersection unless there exists a parallel road system for the arterial or collector highway or some other traffic arrangement that will accomodate additional vehicular traffic without congestion at the intersection. Excluded from this subsection are lots of record in single ownership on the effective date of this ordinance that have less than two hundred (200) feet of frontage along a road leading to an existing or designated arterial or collector highway intersection. (3) All roads, streets, driveways, loadins: zones, parking lot traffic aisles and parking lot stalls shall be constructed in accordance with the design standards in Section 30-1/2-43 of this Code for the construction of streets other than arterial, commercial or industrial streets. (4) Off street parking spaces shall be provided in accordance with Section (Off Street Parking) of this Code. Except that the minimum width of stalls and aisles shall be: Para O One-way traffic - stalls one side One-way traffic - stalls both sides Two-way traffic - stalls one side Two-way traffic - stalls both sides Paving width may be reduced two (2) feet per side when cars will overhang landscaped areas located on the property. Parking lot bays shall be separated by car stops or landscaping. Language added to an existing section is printed in underscored type, and language deleted is printed in str~ek-kk~e~qk-type.

3 Drainage shall be provided in accordance with Subsection 30-1/2-43 (111) of this Code and Chapter 14 (Flood Damage Prevention) of this Code. All developments shall retain the storm water runoff attributable to the ten year, one hour storm except for lots less than 30,000 square feet for which on-site retention shall be a five year, one hour storm. Runoff shall be directed to percolation areas prior to introduction into the storm sewer or other receiving facilities. (6) A Florida Bearing Value and Density Test shall be taken by an independent testing laboratory for every 5,000 square feet of pavement area. All testing costs shall be borne by the developer. (7) A Certificate from a Florida registered professional engineer will be required for all developments with pavement areas in excess of 10,000 square feet. Certification will verify that all improvements, with exception of the buildings, are constructed in accordance with the approved plans and specifications. (8) Control of soil erosion and sedimentation shall be in accordance with Florida Department of Transportation's standards. Language added to an existing section is printed in underscored type, and language deleted is printed in struek-+hre~gk-type.

4 (9) Landscaping shall be provided in accordance with Chapter 23, Article I11 of this Code. (10) A twenty (20) foot buffer strip between the development and any contiguous residentially zoned property shall be provided. The strip shall be landscaped so as to establish a visual barrier at least six (6) feet in height, and shall include an evergreen hedge or a uniformly colored masonry wall, or a board fence. (11) Where a development directly abuts an existing or designated arterial or collector street, merging lanes and deceleration lanes shall be provided when determined necessary by the County Engineer. (12) Where a development directly abuts an existing or designated arterial or collector street, left turn stacking lanes shall be provided when determined necessary by the County Ensineer. (13) A bikepath/sidewalk shall be constructed along that portion of the perimeter of the parcel of land being developed that is adjacent to a public roadway. If sufficient right-of- way is not available for construction of the bikepath/sidewalk to be on the right-of-way, the developer shall grant an easement for that purpose. The bikepath/sidewalk shall be constructed as close to the right-of-way line as possible. Construction shall be one of the following: A. Portland cement concrete bikepaths/sidewalks shall have a minimum thickness of four (4) inches except, at driveways and where vehicles will be traveling over the bikepath/sidewalk, which shall have a minimum thickness of six (6) inches. The concrete shall have a minimum 28 day compressive strength of 2500 psi. Subbase shall be compacted to a density not less than 95 percent of the maximum density as determined under AASHTO T-180. The minimum width for a portland cement concrete bikepath/ sidewalk shall be 5% feet. Language added to an existing section is printed in underscored type, and language deleted is printed in struek-threugk type.

5 B. ~sphaltic concrete bikepaths/sidewalks shall be constructed of type 11. asphaltic concrete on a minimum of five (5) inches of stabilized subbase having a Florida bearing valve of 75 psi and compacted to not less than 95 percent of the maximum density as determined under AASHTO T-180. The asphaltic concrete shall conform to the requirements of the Florida Department of Transpor- tation Specifications. The minimum thickness of the asphaltic concrete shall be two (2) inches and shall extend to no closer than six (6) inches from the edge of the stabilized subbase. The minimum width for an asphaltic concrete bikepath/sidewalk shall be 6 feet. PART TWO: CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of Martin County, county ordinances and county resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART THREE: SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circum- stances, such holding shall not affect its applicability to any other person, property or circumstances. PART FOUR: APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throught Martin County's jurisdiction except where in conflict with a munici- pal ordinance to the extent of such conflict. PART FIVE: FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, Language added to an existing section is printed in underscored type, and language deleted is printed in streek-tkreugk type.

6 PART SIX: FILING WITH DEPARTMENT OF ENVIRONMENTAL REGULATION. In order to comply with Section , FLORIDA STATUTES, the County Attorney shall send a certified copy of this ordinance to the Bureau of Water Resources Management, Department of Environmental Regulation, 2600 Blair Stone Road, Twin Towers Office Building, Tallahassee, Florida, PART SEVEN: FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2571 Executive Center Circle, East, Tallahassee, Florida, PART EIGHT: EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. PART NINE: PENALTIES. Violation of this ordinance is a misdemeanor sursuant to Section , FLORIDA STATUTES, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to $500.00, or both such imprisonment and fine. PART TEN: CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts two to ten shall not be codified. DULY PASSED AND ADOPTED THIS 12TH DAY OF AUGUST ATTEST : BOARD OF COUNTY COI4MISSIONERS MARTIN COUNTY, FLORIDA Louise V. lsaacs 4 0 FORii AEJD A ~TEPH~~?SJ FRY, c W ~ ATTORNE S

7 " <* &ARTIN COUNTY.ir:.. LEGAL DEPT. - STATE OF FLORIDA THE CAPITOL TALLAHASSEE (904) GEORGE FIRESTONE SECRETARY OF STATE September 4, 1980 Honorable Louise V. Isaacs Clerk of Circuit Court Martin County Post Office Drawer 779 Stuart, Florida Dear Mrs. Isaacs: Pursuant to the provisions of Section , Florida Statutes, this will acknowledge: 1. Receipt of y-eze==it and certified copy/ies of County Ordinance/s No./s Receipt of Martin County Ordinance/s relative to: - (a) (#I681 H o w Finance Authpritv whichqwe have numbered n. u D ~ iun S & Construction Standards. i which we have numbered We have filed fi-hese ordinar\.ce/s in this office September 4, The original/duplicate copy/ies showing the filing date is/are being returned for your records. && 502 Cordially, 7f4 g< // G. r (Mrs.) Nancy Kavanaugh ' Chief, Bureau of Laws,.....,, : :,;., iffi9id y g / I.

8 Th' Stuart. News Estaf11isht:rl as the Stuart Times. April 18, 1913 STATE OF FLORIDA COUNTY OF hlartln BEFORE THE ~OARD. OF COUNTY COMMIS~IONERS MARTIN COUNTY, FLOR l DA wllo on o~tll wys ;hat hr is.&~a%d..e... of the Stwt ~ckr, a daily newspaper puhlishcd Jl Stuvt in'hrtin County, Florida. that the attached copy of advcrtkment. being a NOTICE OF INTENT, ORDINANCE in the matter of...,.,.-...,..... in the...,... Court, was published in said newspaper in the issues of... July 24 f Affiant further kys that the said The Stuart News is a newspaper published at Stuart, in said Martin County, Florida and that the said newspaper has heretofore been continuously published in said hlanin County. Florida, each week and has been entered u second c hs matter at the post offia in Stuart in said County. Florida, for a period of one year next preceding the fint publication of the attached copy of advcrtkmcnt; and affiant further says that he hu neither paid nor promised any penon, fiim or corporation any discount, this adwrtucmnt for publication in the said new... "... F. ' NO%ICE, IS HEREBY f IVEN THAT THE BOARD OF COUNTY COMMIC SIONERS OF MARTIN COUNTY. FLORIDA. wiii jdoptl -&. ;.20uni;;.- Ordinance regarding an amendment to the general '' alto plan revlew requlrements at It* 'regular mmtlng oh the llth day of August at 9:00 A.M., cw as soon thereafter ar the matter may be heard. at the Mar-. tln Cwnty Admlnlrtratlve Center. 50 ~lndied Street, Stuart, Florl&. Coples of the proposed ordlrunce may be. obtalned from the County Attorney's Offlee. Flrst Floor, Martln