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HomeMy WebLinkAbout1996JQ~nne'Holman, ClerP of the File Number: 14~ ,296 Recorded: 03-01-96 01:56 Circuit Court - St. Lucie County OR BOOK I 0 0 PAGE 2 5 5 4 P.M. ORDINANCE NO. 96-04 AN ORDINANCE CREATING CHAPTER 1-12.5 "LIFE SUPPORT SERVICES" OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA; CREATING SECTION 1-12.5-1 (TITLE); CREATING SECTION 1-12.5-2 (AUTHORITY AND PURPOSE); CREATING SECTION 1-12.5-3 (DEFINITIONS); CREATING SECTION 1-12.5-4 (CLASSIFICATION OF CERTIFICATES); CREATING SECTION 1-12.5-5 (APPLICATION INFORMATION AND FEE REQUIRED); CREATING SECTION 1-12.5-6 (SAME - REVIEW AND INVESTIGATION BY PUBLIC SAFETY DIRECTOR); CREATING SECTION 1-12.5-7 (SAME - EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL REVIEW); CREATING SECTION 1-12.5-8 (SAME - BOARD OF COUNTY COMMISSIONERS REVIEW); CREATING SECTION 1-12.5-9 (SAME - STANDARDS OF REVIEW); CREATING SECTION 1-12.5-10 (INSURANCE REQUIREMENTS); CREATING SECTION 1-12.5-11 (WHEELCHAIR VEHICLE SERVICES); CREATING SECTION 1-12.5-12 (EXEMPTIONS); CREATING SECTION 1-12.5-13 (REQUIREMENTS FOR CERTIFICATE HOLDERS); CREATING SECTION 1-12.5-14 (INSPECTIONS); CREATING SECTION 1-12.5-15 (TRANSFER AND ASSIGNABILITY); CREATING SECTION 1-12.5-16 (RENEWAL OF CERTIFICATE); CREATING SECTION 1-12.5-17 (REVOCATION, ALTERATION OR SUSPENSION OF CERTIFICATE); CREATING SECTION 1-12.5-18 (APPEALS); CREATING SECTION 1-12.5-19 (PENALTIES); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 401.25, Florida Statutes, every person, firm, corporation, association, or governmental entity which provides prehospital or interfacility advanced life support services or basic life support transportation services must be Str'.-'ck thrcugh passages are deleted. Underlined passages are added. -1- OR. BOOK' 1001 "%GE 2555 licensed by the Department of Health and Rehabilitative Services before offering such services to the public. 2. Subsection 401.25(2)(d), Florida Statutes, requires an applicant for a state advanced life support or basic life support transportation certificate to provide proof of having obtained a certificate of public convenience and necessity from each county in which it intends to operate as part of the application process. 3. The County currently issues certificates of public convenience and necessity life support transportation services operating in the County pursuant to Resolution No. 88- 336. 4. In addition to ambulance transportation services, there are also several wheelchair transport services operating in the County which are presently licensed as motor carriers pursuant to Chapter 1-13.3, Article II of the St. Lucie County Code of Ordinances. 5. Given the special nature of the vehicles which are required for the transport of wheelchairs, the Board has determined that it is appropriate to adopt more specific requirements for wheelchair transport services and the vehicles they operate than those set forth in Chapter 1-13.3. 4. This Board has determined that it is necessary and in the public interest to establish by ordinance the procedures for issuing certificates of public convenience and necessity and regulating life support transportation and wheelchair transportation services in the County. e* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -2- ~)R, BOOR 1 0 0/. nAGE :2 5 5 6 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CREATION OF CHAPTER 1-12.5 LIFE SUPPORT SERVICES. Chapter 1-12.5 "Life Support Services" of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: Section 1-12.5-1. Title. This chapter shall be known as the "Life Support Services Ordinance". Section 1-12.5-2. Authority and purpose. This ordinance is enacted pursuant to Chapter 401 and Section 125.01(n), Florida Statutes. The purpose of this ordinance is to promote the health, safety and welfare of residents of St. Lucie County in need of life support services by establishinq standards for issuinq certificates of public convenience and necessity for emergency medical transport services, advanced life support services1 basic life support services1 air ambulances, and wheelchair transport services, and providing for the adoption of regulations governing the operation of such services. The Board specifically intends that the St. Lucie County/Fort Pierce Fire District shall be solely responsible for administerin.q, providin,q and overseeing emer,qency first response advanced life support and basic life support pre-hospital services originating within the County. The St. Lucie County Public Safety Department shall be responsible for overseeinq private non-emergency transport services regulated pursuant to this c* .... ~' *~' ..... ~ passages are deleted. Underlined passages are added. OR~BOOK · 100'1 P'~GE 2557 ordinance and ensurinq that the role of such services shall be to provide on request interfacility and interhospital non-emergency transportation. Section 1-12.5-3. Definitions. The followinq words shall be defined as set forth below: Advanced life support ("ALS") means treatment of life threateninq medical emerqencies throuqh the use of techniques includinq, but not limited to, endotracheal intubation, the administration of druqs, intravenous fluids, telemetry, cardiac monitorinq, and cardiac defibrillation by a paramedic as defined in Rule 10D-66, Florida Administrative Code. Advanced life support vehicle means any state licensed and permitted ambulance or emer.qency medical services vehicle which provides advanced life support services. Air ambulance means any state licensed and permitted fixed-wing or rotary-wing aircraft used for, or intended to be used for, air transportation of sick or injured persons requiring or likely to require medical attention during transport. Air ambulance service means any publicly or privately owned service, licensed in accordance with the provisions of this ordinance, which operates air ambulances to transport persons requiring or likely to require medical attention durinq transport. Ambulance means any private or publicly owned air, land or water vehicle licensed by the State of Florida that is designed, constructed, reconstructed, maintained, equipped or operated, and is used for, or intended to be used for responding to emergency, non-emergency, or interfacility medical calls. ~* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -4- BOOK', ~_ 0 0/. ~ ~,GE 2 5 5 8 Basic Life Support ("BLS") means treatment of medical emerqencies by a qualified person throuqh the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaqing, administration of oxygen, application of medical antishock trousers, administration of a subcutaneous iniection us nfl a remeasured autoiniector of epinephrine to a person sufferinq an anaphylactic reaction, and other techniques described in the Emergency Medical Technician Basic Tra n nfl Course Curriculum of the United States Department of Transportation. The term also includes other techniques which have been approved and are performed under conditions specified by the Florida Department of Health and Rehabilitative Services. Certificate holder means any person or persons named as owner, officer, director, or shareholder on the application for certificate of public convenience and necessity. Deficiency correction notice means a notice issued by the Public Safety Director or his desiqnee notifying a certificate holder of a deficiency or violation under this ordinance and/or the certificate of public convenience and necessity and specifying a time period for correction. Emer. qenc¥ medical services means the transportation and emerqency treatment of persons who are in need of emergency medical attention from any location in the County under either a basic life support (BLS) license or an advanced life support (ALS) license issued pursuant to or applied for pursuant to Section 401.25, Florida Statutes. Emerqenc¥ medical call means any request for medical assistance or transportation that requires the immediate and prompt dispatch of the emerqency medical e* .... ~' *~' ..... ~ passages are deleted. Underlined passages are added. -5- OR. BOOK 3.. 0 0 1 '"'~%GE ~2 5 5 9 services provider, or any situation which requires the immediate and prompt provision of medical assistance or transportation to an emer,qency room. £mer~qenc¥ Meclical Services Aclviso~ Council means the advisory committee created by the Board of County Commissioners of St. Lucie County, Florida to review and make recommendations to the Board regarding applications to provide life support and wheelchair transport services as well other matters related to the provision of such services in the County. Emer. qenc¥ service provider means the sole provider of prehospital first response, basic life support and advanced life support services holdinq a valid Class A certificate of public convenience and necessity issued by St. Lucie County. Fire Chief means the chief administrator of fire and emerqency medical services of the St. Lucie County/Fort Pierce Fire District charged with the responsibility and authority to supervise, direct and administer the Fire District's ALS and BLS service on an emergency first responder level countywide. Inspection means the routine or periodic examination and audit of the records, personnel, vehicles, and staffing of a certificate holder. Inter-hospital transfer means the transportation of a patient requiring an ambulance with basic life support or advanced life support level of medical assistance between hospitals licensed under Chapter 395, Florida Statutes. Medical director means the licensed physician contracted, pursuant to Section 401.25, Florida Statutes, to .qive medical direction to and establish medical protocols for ~* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -6- OR BooK' 100~1. "'~,GE 2560 emergency medical services personnel inc[udinq paramedics and emergency medical technicians. Non-emerqenc~//Interfacility transfer means the routine transfer of a patient between facilities licensed under Chapter 395, Florida Statutes. Non-emerqencl/ medical call means any request for medical assistance or transportation which does not require the immediate and prompt dispatch of the emergency medical services provider, and any situation which does not require the immediate and prompt provision of medical assistance and transportation to an emergency room. Patient means any person who is in need of, or may need, medical assistance or transportation. Public Safety Director means the director of the St. tucie County Public Safety Department, charged with responsibility and authority to administer the certification of emergency medical services and non-emergency ALS and BLS and wheelchair transport services on behalf of the Board of County Commissioners. Service area means the geographic area listed on a services provider's certificate of public convenience and necessity. Transfer means the transportation of a patient by air, ground, or water vehicle as a result of a request for response to a medical call. Wheelchair vehicle means any privately or publicly owned land, air or water vehicle which is designed, constructed, reconstructed, maintained, equipped, operated, and which ~* .... ~, *~, .... ,-,h passages are deleted. Underlined passages are added. oR'BoOK' ~00~ "~GE ~6~ is used for or' intended to be used for transportation of a person who is sitting in a wheelchair, and whose condition is such that the person does not require, or is not likely to require, medical attention during transport. Whee/chair vehic/e service means the transport of persons in a wheelchair vehicle when such persons are not in need of medical care during transport and are not likely to need medical care during transport. Section 1-12,5-4. Classification of Certificates. There shall be the following six (6) categories of certificates of public convenience and necessity in St .Lucie County: (a) Class A - Certificates of public convenience and necessity for governmental entities which use advanced life support and basic life support ground1 air or water vehicles to conduct a pre-hospital EMS advanced life support or basic life support service and other emergency transports when requested. (b) Class B - Certificates of public convenience and necessity for businesses1 agencies and hospitals which use ambulances to operate a non-emergency interfacility medical transport or transfer service at the ALS or BLS level. (c) Class C - Certificates of public convenience and necessity for businesses, agencies, hospitals, and governmental entities which use ambulances to operate non- emergency interfacility medical transport or transfer services under a physician's order which originate in the county and which require on-board clinical capabilities which may exceed those of a conventionally equipped and staffed ALS ambulance. ~* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. OR BooK 10 0 ~. ~AGE ~ ~ 6 ~ (d) Class D - Certificates of public convenience and necessity for businesses and agenc es which use ambulances based outside the county to provide specific non emergency medical services as identified on the certJficate and limited to transports ori.qinatin~ within the county and terminatinq out of the county. (91 Class E - Certificates of public convenience and necessity for businesses, agencies, hospitals, and governmental entities which use air ambulances to transpod persons requiring or likely to require medical attention during transport. ~ Class F - Certificates of public convenience and necessity for businesses. agencies, hospitals and governmental entities which use wheelchair vehicles to provide wheelchair vehicle service. Section 1-12.5-5. Application - Information and fee required. No person, firm, governmental entity, agency, corporation, partnership or association shall operate any of the services as described in the classification of service in Section 1-12.5-4 unless it has first obtained a certificate of public convenience and necessity issued by the Board. Each application for a certificate of public convenience and necessity shall be accompanied by a non-refundable filinq fee to be approved by resolution of the Board and payable to the County at the time the application is submitted to the County to cover the costs and expenses incurred by the County in processing the application. An applicant for an initial certificate of public convenience and necessity shall apply to the Board in writinq and complete a form provided by the Public Safety Director which shall contain the followinq information: ~* .... ~' through passages are deleted. Underlined passages are added. -9- OR' BOOK' ~l. 0 0 ~. '~'%GE 2 5 ~5 3 (1) The name and address of the applicant; the business name of the partnership and the name and address of each partner, if applicable; the names and addresses of all officers and directors if the applicant is a corporation; ~ The name and address of the applicant's medical director, unless applying for a Class F certificate. (3) The service area which the applicant desires to serve; (4) A personnel roster which includes the names of all employees, positions held and their relevant licenses required by the State of Florida, license numbers and license expiration dates. (5) Written documentation of a background check oerformed bv the Florida Department of Law Enforcement on each of the applicant's personnel. (6) A vehicle roster which describes all transport vehicles which the applicant proposes to use in St. Lucie County as well as their license and registration numbers. (7) A current financial statement, including any public funds other than Medicaid or Medicare funds received by the applicant. If the applicant is a governmental unit, a statement of funds budqeted for this service shall be provided. (8) A current certificate of insurance indicating the applicant's amount of liability insurance covering the applicant's operations. (9) The location and description of the place or places from which the applicant will operate. (10) A proposed rate schedule and a statement reqardin.q the applicant's willingness to provide indi.qent transport services. (11) The names and addresses of at least three (3) local references; (12) The need for the proposed service in the requested service area; (13) A description of proposed service. ~* .... ~- *~- ..... ~' passages are deleted. Underlined passages are added. -10- OR BOOK l OO1 PAGE 2564 (14) Address of base of operations from which the proposed area(s) is(are) intended to be served. (15) Such other reasonable information as may be requested by the Public Safety Director. Section 1-12.$-6. Same- Review and Investigation by Public Safety Director. (a) Upon receipt of an application for a certificate of public convenience and necessity, the Public Safety Director shall review the application for completeness and consistency with the standards of review set forth in Section 1-12.5-9. The Public Safety Director may require additional information as may be necessary to adequately review the application. The Public Safety Director shall also conduct an investigation to determine whether a public need exists for the proposed services in the service area identified in [he application. As part of his investigation, the Public Safety Director shall contact the applicant's medical director, all other service providers in the county, any municipality in which the applicant desires to provide service, and the local or reqional trauma agency created under Chapter 395, Florida Statutes. The Public Safety Director shall complete his review and investigation within sixty (60) days of the date of receipt of the application. (b) If the Public Safety Director determines the application to be complete and consistent in accordance with the standards of review set forth in Section 1-12.5-9, the Public Safety Director shall present the application and the results of his investigation at the next regularly scheduled meetinq of the Emer.qency Medical Services Advisory Council for the purpose of reviewinq the application and making a recommendation to the Board to grant or deny the certificate of public convenience and necessity. The Public e* .... ~- *~ ..... ~' passages are deleted. Underlined passages are added. -11- BOO}( 3- 0 0 ~- "~GE 2 5 6 ~ Safety Director shall provide notice of the meeting to the applicant, all other service providers in the county, and any municipality in the requested service area. ~'c_). If the Public Safety Director determines the application to be incomplete and/or inconsistent with the standards of review set forth in Section 1-12.5-9, the Public Safety Director shall return the application to the applicant, notin,q the items which are not complete or have been determined to be inconsistent with the standards of review. The applicant shall have thirty (30) days to submit a revised or corrected application. Any application that has been returned to the applicant for correction and/or revision and is not resubmitted to the Public Safety Director within this period shall be considered withdrawn and the filing fee forfeited. Section 1-12.5-7. Same-Emergency Medical Services Advisory Council review. The Council will review the application, consicler the recommendations of the Public Safety Director, the Fire Chief, other service providers, and any effected municipality and forward a recommendation on the application to the Board. In makinq its recommendation to the Board, the Council shall consider the following factors: (a) Compliance with the appropriate license requirements set forth in Chapter 401, Florida Statutes, and Chapter 10D-66, Florida Administrative Code. This shall not apply to applicants for a Class F certificate. (b) The population density and composition of the areas within which the proposed service will operate. c* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -12- OR. BOOK' ~ The need of the people in the proposed service area for such service. (d) A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles satisfying requests. The recommendation of any municipality located within the proposed service (e) area. The recommendation of the local or regional trauma agency created under Chapter 395, Florida Statutes. This shall not apply to applicants for a Class F certificate. ('~) Such other factors related to the standards of review set forth in Section 1- 12.-9,as the Council shall deem appropriate. Section 1-12.5-8. Same- Board of County Commissioners review. (a) Upon receipt of a recommendation from the Emerqency Medical Services Council reqardin.q an application for a certificate of public convenience and necessity, the Board shall consider the application at a public hearing held no sooner than fourteen (14) days following publication at the applicant's expense of a legal notice in a newspaper of general circulation in St. Lucie County. Such notice shall be in substantially the following fo r m: NOTICE OF APPLICATION FOR CLASS .... CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Notice is hereby given that, pursuant to Chapter 1-12.5 of the Code of Ordinances of St. Lucie County, Florida, (name of applicant) whose business address is , has made application to the Board of County Commissioners for a Class " "certificate of public convenience and necessity. The e, .... '- *~- ..... ~' passages are deleted. .Underlined passages are added. -13- BOOK- 100~. '~%GE ~567 (b) Board will consider the application at its regular meeting to be held in the County Commission Chambers, St. Lucie County Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida at 7:00 pm on Dated this day of , 19 Board of County Commissioners St. Lucie County, Florida The Board shall issue a certificate of public convenience and necessity if the Board determines that the application complies with the requirements of this chapter and is consistent with the standards of review set forth in Section 1-12.5-9. ~ Each certificate of public convenience and necessity issued hereunder shall be signed by the chairman or the vice-chairman of the Board and attested to by the clerk of the Board. (d) Each certificate of convenience and necessity issued pursuant to this chapter will be valid for a period of two (2) years, subiect to renewal in accordance with the procedures set forth in Section 1-12.5-16. Section 1-12.$-9. Same-Standards of review. The Board shall apply the followinq standards of review in determininq whether to approve an application for certificate of public convenience and necessity: (a) Whether the application is complete and meets the minimum requirements of this chapter, Chapter 401, Florida Statutes, and Chapter 10D-66, Florida Administrative Code. This shall not apply to applicants for a Class F certificate. ~* .... ~' *~' ..... ~ passages are deleted. Underlined passages are added. -14- OR.BOOK~ ~l. OOii "~%GE :2568 area. Whether a need for the proposed service exists in the proposed service (c) Whether the municipality, if any, located in the proposed service area has recommended that the Board approve the application. (d) Whether the local or regional trauma agency created under Chapter 395, Florida Statutes, has recommended that the Board approve the application. This shall not apply to applicants for a Class F certificate. Section 1-12.5-10. Insurance requirements. (a) All applicants for a certificate of public convenience and necessity shall be required to provide proof of the insurance required hereunder prior to the issuance of a certificate of public convenience and necessity. At a minimum1 the evidence of insurance shall show: The type and amount of coveraqe. The effective dates of the coveraqe; and, The effective radius of the coverage. (b) Every certificate holder shall carry bodily iniury and property damage insurance with solvent and responsible insurers licensed to do business in the State of Florida, to secure payment for any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the certificate holder's motor vehicles or aircraft. ~+ .... ~' *~ ..... ~' passages are deleted. Underlined passages are added. -15- OR, BOOK- ~. 0 0 I P~GE :~ 5 6 9 (c) Each motor vehicle shall be insured for the sum of at least $100,000.00 for injuries to or death of any one person arisinq out of any one accident; the sum of at least $300,000.00 for injuries to or death of more than one person in any one accident; and, for the sum of at least $50,000.00 for damaqe to property arisin.q from any one accident. Government operated service vehicles shall be insured for the sum of at least $100,000.00 for any claim or judgment and the sum of $2001000.00 total for all claims or iud.qments arising out of the same occurrence. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial iudgment entered against the operator and present insured, or any person drivinq the insured vehicle. All such insurance policies shall provide I~or thirty (30) days cancellation notice to the Board. (d) Each aircraft shall be insured for the sum of at least $100,000.00 for injuries to or death of any one person arising out of any one accident; the sum of at least $300,000.00 for injuries to or death of more than one person in any one accident; and, for the sum of at least $1,000,000.00 for damage to property arising from any one accident. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered aqainst the operator and present insured, or any person flying the insured aircraft. All such insurance policies shall provide for thirty (30) days cancellation notice to the Board. (e) Each Class E certificate holder shall carry medical liability insurance, listin,q the certificate holder as the insured, with solvent and responsible insures licensed to do ~* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -16- OR BOOK 3. 0 0/. UAGE :2 5 7 0 business in the State of Florida, to secure payment for any loss resulting from care and treatment of the patient by the certificate holder. Each Class E certificate holder shall be insured for the sum of at least $100,000.00 for iniuries or death of any one person and the sum of at least $300,000.00 for iniuries to or death of more than one person. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered against the service. All such insurance policies shall provide for thirty (30) day cancellation notice to the Board. (f) In lieu of the insurance required by subsections (d) and (e) above, the certificate holder or applicant may furnish a certificate of self-insurance establishing that the certificate holder or applicant has self-insurance plan to provide coverage identical to what is required in subsections (d) and (e) above and that the plan has been approved b_b__y the State of Florida Department of Insurance. (q) The insurance coverage required hereunder shall be effective throughout the service area. No certificate of public convenience and necessity shall be issued prior to the effective date of the coverage. The certificate holder shall maintain such insurance in full force and effect at all times during the term of the certificate. Failure to maintain the insurance coveraqe in full force and effect shall immediately and automatically suspend any certificate issued hereunder until proof of compliance with this section has been filled in the proper form and amounts as herein provided. ~* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -17- OR ,BOOK' I 00~. '~%GE 257~. Section 1-12.5-11. Wheelchair vehicle services. ~ No person, business, hospital, governmental entity, agency, corporation, partnership, or association shall provide non-medical wheelchair transport services in St. Lucie County without a Class F certificate of public convenience and necessity issued by the Board of County Commissioners. The application1 fees, investigation and other related procedures and requirements set forth in the ordinance for ambulance services shall apply to non-medical wheelchair transport services, except as otherwise provided, and with the modifications set forth in this section. Each wheelchair vehicle operated pursuant to a certificate of public convenience and necessity shall meet the following requirements: (1) Each vehicle shall have a lift, operated electrically and/or hydraulically, with sufficient capacity to safely and smoothly facilitate the entrance of passengers into the vehicle and exit from the vehicle or be otherwise be constructed to safely and smoothly facilitate the entrance of passenqers into the vehicle and exit from the vehicle. (2) Each vehicle shall have for each passenqer transported a positive means of securely latchin.q or Iockinq to the vehicles the wheelchair in which a passenqer will ride. The latchinq device shall be desiqned to prevent any lateral, longitudinal or vertical motion of the wheelchair within the vehicle. (3) Each vehicle shall have1 for each passenqer transported1 restraining belts or straps designed to securely confine the passenqer to the wheelchair in which he is transported. (4) Each vehicle shall have1 in addition to the side vision mirrors1 an inside rear-vision mirror which will enable the driver to view the passenqer compartment, at the level at which the passenqers ride. e* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -18- OR BOOK l OO1 ~AGE 2572 (5) Vehicle entry and exit doors shall be equipped with latching devices sufficient to prevent opening during movement of the vehicle. (6) Each vehicle shall have a communication capability which may be a mobile two way radio, excluding C.B. radios, with all normal accessories, and shall meet all standards and requirements as specified by the Federal Communications Commission or an answerinq service operating twenty-four (24) hours per day coupled with a pager system, or an operatinq cellular phone. (7) Each vehicle must have a minimum of fifty-six inches (56") headroom from the finished floor to the finished ceiling in the passenger compartment and a door opening of not less than fifty-six inches (56"). (8) The floor coverin.q shall be permanently applied material, which can be maintained in a safe, sanitary and odor free manner, and which shall extend the full length and width of the passenqer compartment. (9) Notwithstandinq the above paragraphs, regulations and standards promul.qated pursuant to the Americans with Disabilities Act shall apply where appropriate. Section 1-12.5-12. Exemptions. Any vehicle renderin.q services as an ambulance in the event of a major catastrophe or emergency when ambulance with permits based in the IocalibL of the catastrophe or emergency as defined in the Statewide Mutual Aid Agreement are incapacitated or insufficient in number to render the services needed and any ambulance owned and operated by the federal government shall be exempt from the provisions of this ordinance. Section 12,5-13. Requirements for certificate holders. Each certificate holder, and its employees including paramedics and emerqency medical technicians shall comply with the following: ~* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -19- OR BOOR I 0 0 2]. '~AGE 2 5 7 3 a.(A) Maintain at each place of business a copy of the standard operating procedures which the service provider will use to Rive general specific instruction to its personnel concerninq the nature of their duties and responsibilities. These procedures shall be reviewed by the Public Safety Director prior to the effective date of the certificate. (b) Comply with all lawful directives of the Public Safety Director, the Fire Chief and the medical director involving any medical protocols and trainin,q directives not preempted by the State of Florida. .(_g.). Provide continuous and uninterrupted service within the service area. d.~ Maintain the minimum number of vehicles determined by the Public Safety Director and the certificate holder's medical director to be appropriate considerinq the population and ,qeo,qraphical distance of the service area, but in any event not be less than one fully staffed operating vehicle. .(A). Ensure that its vehicles are driven in a safe and lawful manner at all times. .(_.f)_ Keep posted at all business locations a copy of the certificate including the approved rate schedule. The certificate holder may adiust the rate schedule without Board approval; however, the certificate holder shall maintain the adiusted rate for one year and shall notify the Public Safety Director in writinq of a rate chanqe at least thirty (30) days prior to the effective date of the rate change. .(_q). Operate in compliance with all applicable federal, state and local laws, rules, and regulations. e* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -20- OR BOOK 1 0 0 '1 °AGE 2 5 7 4 (h) Provide copies of vehicle run sheets and radio Ioqs to the Public Safety Director upon request, to the extent permitted by the public records law of the State of Florida. iQ). On or before October 1st of each year provide annual proof of insurance in the amounts required pursuant to Rule 10D-66.61, Florida Administrative Code. ~ On or before October 1st of each year provide a current list of all vehicles1 vehicle drivers and crews and their certification levels. .(_E). Use emergency lights and sirens only for properly authorized emergency situations in compliance with state law and local law enforcement policy. A certificate holder must notify the St. Lucie County 911 Communications Center when emergency lights and sirens are used in the county. Section 1-12.5-14. Inspections. The Public Safety Director, or his desiqnee, shall inspect each applicant and certificate holder durinq review of the application, and thereafter on or before October 1 st as a continuin.q part of, the certification process. This inspection shall determine th~, continuinq compliance with this ordinance and all state laws, rules and re.qulations by th~, certificate holder as a condition of certificate issuance. Inspections may be conducted with or without prior notice to the certificate holder and shall be conducted whenever such inspection is deemed necessary by the Public, Safety Director in order to determine compliance with this chapter and a certificate ............. u,, passages are deleted. Underlined passages are added. -21- OR.. BOOK .1 0 0 '1 "~%GE 2 5 7 5 holder's certificate of public convenience and necessity. Inspections shall be conducted without impedin.q patient care. If durin,q the course of an inspection, a situation is found which, in the determination of the Public Safety Director, may ieopardize the safety or welfare of the sen/ice personnel or patient care, the Public Safety Director shall issue a deficiency correction notice or exercise the powers necessa~ to ensure the certificate holder's compliance with its certificate and this ordinance. The deficiency correction notice shall state the nature of the deficiency and specify a time for correction of the deficiency. Failure to correct the deficiency in the time specified in the deficiency correction notice may result in action pursuant to Section 1-12.5-17. Section 1-12.5-15. Transfer and assi.qnabi~ity. (a) No certificate of public convenience and necessity issued pursuant to this chapter may be assi.qned or transferred unless the assiqnee or transferee first obtains the appropriate class certificate of convenience and necessity fcr the sen/ice to be provided. (b) The conveyance of a maiority of the ownership interest of a certificate holder shall be considered sufficient to require a new certificate of convenience and necessity. Section 1-12.5-16. Renewal of certificate. A certificate holder shall submit an application for renewal of its certificate to the Public Safety Director at least ninety (90) days prior to the date of expiration of the certificate. Each application for renewal of a certificate of public convenience and necessity shall be accompanied by a non-refundable fee in an amount to be approved * .... ~' *~' ..... ~ passages are deleted. Underlined passages are added. -22- OR BOOK I 0 0 '1 '~;%GE :2 5 7 6 b_~ resolution of the Board. The application for renewal shall be reviewed by the Emergency Medical Services Advisory Council for compliance with the terms of the certificate and the requirements of Section 1-12.5-13 and the results of any inspections conducted pursuant to Section 1-12.5-14. Followinq its review, the Council shall forward a recommendation on the renewal application to the Board of County Commissioners. The Board of County Commissioners shall renew a certificate upon a determination that the certificate holder remains in compliance with the terms of its certificate and this ordinance. Section 1-12.5-17. Revocation, alteration or suspension of certificate. (a) Every certificate issued under this ordinance shall be subject to revocation, alternation or suspension by the Board of County Commissioners if the certificate holder fails to comply with the requirements of the certificate or this ordinance. (b) It shall be a violation of this ordinance for any persons, business entity, hospital or ,qovernmenta agency to: (1) Intentionally obstruct, bar or otherwise interfere with an inspection conducted under the purview of this ordinance; (2) Knowingly make an omission of a material fact or a false statement in any application or other document filed with the Public Safety Director; (3) Knowingly, by telephone or otherwise, cause to be placed or place a false emergency medical call; (4) Knowingly violate or fail to observe any requirement of this ordinance, or any rule, regulation or order under the provision of this ordinance; ............. u,, passages are deleted. Underlined passages are added. -23- OR BOOK~ I 0 0 ~. -AGE ~- 5 7 7 (5) Represent the certificate holder as an emerqency medical transport service, an ALS service, a special limited service, or wheelchair transport service, or en.qa.qe in the business of conducting an emergency medical transport service, an ALS service, a special limited service, or wheelchair transport service without first obtaining an appropriate certificate of public convenience and necessity from the Board of County Commissioners as provided herein and obtaininq the necessary State of Florida licenses, as applicable; or (6) Operate an ambulance or emergency medical services vehicle that does not meet the requirements of this ordinance and Chapter 401, Florida Statutes. (7) Operate a wheelchair transport service vehicle that does not meet the requirements of Section 1-12.5-11(c). A separate and distinct offense shall be deemed to occur each day a prohibited act occurs. (c) Complaints about a certificate holder shall be submitted in writinq to the Public Safety Director to be reviewed for sufficiency. If the complaint indicates on its face that a violation of this ordinance or state law, rule or regulation has occurred, the Public Safety Director shall conduct an investiqation of the complaint. The certificate holder shall provide the Public Safety Director with access to the certificate holder's business site, personnel, and documents to assist in the investiqation. The Public Safety Director shall forward a copy of the complaint and his investiqative report to the Emergency Medical Services Advisory Council. (d) The Emerqency Medical Services Advisory Council shall consider the complaint at its next regularly scheduled meeting following completion of the Public Safety Director's investiqation. The Council shall review the complaint, the Public Safety c* .... "*~' ..... ~' passages are deleted. Underlined passages are added. -24- OR Book 1001 ~XGE 2578 Director's investiqation report, and relevant testimony or evidence from the certificate ho[der and any other pa~ties the Council deems necessa~,. If the Council determines that a violation has occurred, the Council shall forward the complaint to the Board of County Commissioners for consideration. (e) The Board of County Commissioners shall consider the complaint at a public hearing fo[lowing publication of notice not [ess than ten (10) days prior to the public hearing. If the Board makes one of the fo[[owinq determinations after the public hearing, the Board may revoke, suspend or alter the certificate of convenience and necessity: (1) The certificate holder has failed or neglected to abide by this ordinance, the conditions of its certificate, or Chapter 401, Florida Statutes; (2) The application submitted to secure a certificate of public convenience and necessity from the Board of County Commissioners contains false representation or omitted material facts; ~ The certificate holder, or its agent, has demanded compensation in excess of that established in its schedule of fees filed with the Board pursuant to this ordinance; (4) The certificate holder has failed to comply with a corrective order issued pursuant to this ordinance; (5) The certificate holder has been adiudicated guilty of a felony provided his civil riqhts have not been restored; (6) The certificate holder has been found by a court of competent iurisdiction guilty of any criminal offense involvinq moral turpitude; (7) The certificate holder has been found guilty of malpractice or nealiaence in the operation of its service; or, (8) The certificate holder has had his state license revoked or suspended. C~.r, ,,-.I. ~,h,r,~, ,'~h ............. ~,, passages are deleted. Underlined passages are added. -25- OR. BOOK I 001 "~GE 2579 A certificate holder whose certificate of public convenience and necessity has been revoked or suspended pursuant to this section may not submit an application for a new certificate for a period of one year followinq the effective date of the revocation. Section 1-12.5-18. Appeals. (a) An applicant or certificate holder may appeal any decision made by the Public Safety Director to the Board by filin,q a petition of appeal with the County Administration within thirty (30) calendar days of the date of rendition of the decision. The Board shall review the petition at a public meeting within thirty (30) calendar days from the date of filing of the appeal. The petitioner shall be provided with notice of the time, date and place of the public meeting by certified mail, return receipt requested. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is .qranted by the Board. The Board's decision shall be final for the purpose of administrative appeals. The Board's review of the petition shall be limited to the record and the facts which were available to the Public Safety Director at the time of rendition of the decision appealed. The Board shall reverse the decision of the Public Safety Director if there is competent substantial evidence in the record which indicates the decision fails to comply with the chapter. (b) Any person aggrieved by a decision of the Board pursuant to this chapter may, within thirty (30) days after rendition of the decision, petition for certiorari review to the Circuit Court in the Nineteenth Judicial Circuit in and for St. Lucie County. ............. ~,, passages are deleted. Underlined passages are added. -26- OR BOOk 1 0 0 1 -'kGE 2 5 8 0 Section 1-12.5-19. Penalties. A violation of any provision of this ordinance shall be deemed a misdemeanor and, upon conviction, the violator shall be subject to a fine not to exceed five hundred and 00/100 dollars ($500.00) and/or imprisonment in the County correctional iail for not more than sixty (60) days, or both such fine and imprisonment. PART B. CONFLICTING PROVISIONS, Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 C. SEVERABILITY AND APPLICABILITY, 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE, The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. e* .... ~' *~'"""""'~ passages are deleted. Underlined passages are added. -27- OR BOOK I 0 0 ~i. -XGE 2 5 8 PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes ABSENT Vice Chairman Gary D. Charles, Sr. AYE Commissioner Havert t. Fenn AYE Commissioner Ken Sattler NAY Commissioner Denny Green AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. tucie County, Florida, 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 B through G shall not be codified. PASSED AND DULY ENACTED this 20th day of February, 1995 ATTEST: - -DI~UTY ' - BOARD OF cO.U~'~ COMMISSIONE ~RS BY: ~ ~ ' CHAIRMANTM Underlined passages are added. -28- APPROVED AS TO FORM AND CO RR~.~ : COUNTY c* .... ~' *~' ..... ~' passages are deleted. Underlined passages are added. -29- ~o&mne Holman, Clerk ~c the Circuit Court Fi'le Number: 149~ )51 OR BOOK Recorded: 08-01-96 04:04 P.M. - St. ' ORDINANCE NO. 96-05 'ie County PAGE I 6 5 7 AN ORDINANCE AMENDING CHAPTER 1-10 "HEALTH AND SANITATION" OF ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY CREATING ARTICLE IV "ST. LUCIE COUNTY CROSS CONNECTION CONTROL POLICY" BY PROVIDING DEFINITIONS; STATING THE PURPOSE OF THE ORDINANCE; PROVIDING THAT BACKFLOW PREVENTION DEVICES SHALL BE REQUIRED WHEN NECESSARY TO PROTECT THE ST. LUCIE COUNTY UTILITY SERVICES POTABLE WATER SYSTEM; PROVIDING THAT THE ST. LUCIE COUNTY UTILITY DIRECTOR SHALL DETERMINE WHEN A BACKFLOW PREVENTION DEVICE IS REQUIRED; PROVIDING THAT POTABLE WATER SERVICE SHALL NOT BE PROVIDED OR CONTINUED IF A REQUIRED BACKFLOW PREVENTION DEVICE IS NOT INSTALLED OR MAINTAINED; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"), has made the following determinations: 1. St. Lucie County operates a wastewater treatment and reclaimed water facility (the "Wastewater Facilities") on North Hutchinson Island and is currently constructing Wastewater Facilities on South Hutchinson Island. 2. In order to obtain a permit Florida Department of Environmental Protection to operate the Wastewater Facilities is it necessary for the Board to adopt an ordinance setting forth the County's "Cross Connection Policy" to require the installation of backflow prevention devices to protect the County's potable water system from possible contamination flowing from its customer's non-potable water systems. Underlined words and phrases are added.~ ~ .... ~' *~-~ .... ~s-"h words and. phrases are deleted. -1- NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CREATION OF ARTICLE IV "ST. LUCIE COUNTY CROSS CONNECTION CONTROL POLICY" OF CHAPTER 1-10 (HEALTH AND SANITATION) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY Article IV "St. Lucie County Cross Connection Control Policy" of Chapter 1-10 (Health and Sanitation of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: ARTICLE IV. ST. LUCIE COUNTY CROSS CONNECTION CONTROL POLICY 0 Section 1-10-35. Definitions. The following words when used in this article shall have the meanings ascribed to them in this section. Backflow shall mean the undesirable reversal of flow in a potable water distribution system as a result of a cross connection. Backflow Prevention Device ~hall mean a backflow prevention device which has been approved by the Utility Director pursuant to the criteria set forth in the Cross Connection Manual. Contamination shall mean an impairment of a potable water supply by the introduction .o.r admission of any foreign substance that degrades the quality and creates a health ba~_a_rd. Cross Connection shall mean a connection or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under any circumstances would allow such substances to enter the potable water systems Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or non-potable), or any matter that may change the color or add odor m the water. Cross Connection Control Manual shall mean the latest version of the St. Lucie County Cross Connection Manual as adopted and approved by the Board of County Commissioners for St. Lucie County by resolution. All of terms and conditions of the Cross Connection Control Manual are incorporated into this ordinance by this reference. A copy of the Cross Connection Control Manual shall be on file in the office of the St. Lucie County Utility Services Director Underlined words and phrases are added, e* .... ..... words and phrases are deleted. Customer shall mean the person, firm, association, corporation, government agency or other enti _ty or organization who is lawfully authorized to receive water and/or sewer service from the St. Lucie County Utili_ty Services Department. Pollution shall mean the presence of any foreign substance in water that tends to degrade its quality so as to constitute a non-health hazard or impair the usefulness of the water. Potable Water shall mean water that is safe for human consumption as described by the Florida Department of Environmental Protection. Utility shall mean the St. Lucie County Utility Services Department. Utili _ty Director shall mean the St. Lucie County Utility Services Director. Section 1-10-36. Purpose. The purpose of this article is: (a) To protect the public potable water supply of the St. Lucie Coun _ty Utility Services Department from the possibili _ty of commination or pollution by isolating within its Customers' internal distribution system or the Customers' private water system such contaminants or pollutants that could backflow into the Utili _ty water system; and (b) To promote the elimination or control of existing cross connections, actual or potential, between the Customers' potable water system and non-potable water systems, plumbing fixtures, and industrial piping systems; and (c) To provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively contribute to the prevention of contamination or pollution of all public potable water systems. SECTION 1-10-37 Backflow Prevention Devices Required. A backflow prevention device shall be required, tested and maintained when necessary to protect the Utility potable water system from potential or actual contamination or pollution. h shall be the responsibili _ty of the Utility Director to determine when a backflow prevention device is required for the protection of the Utility potable water system. Such determination shall be in accordance with the Cross Connection Control Manual. 0 o 0 O~ Underlined words and phrases are added.~, e~ .... ,~,}7 th~,~ .... vus-"h words and phrases are deleted. 3 PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes AYE Vice-Chairman Gary D. Charles, Sr. AYE Commissioner Havert L. Fenn AYE AYE Commissioner Denny Green Commissioner Ken Sattler AYE PASSED AND DULY ADOPTED this 21st day of May, 1996. BOARD OF COUNTY COMMISSIONERS ATTEST:. ST. LUCIE COUNTy,.,, FLO A ' APPROVE~ AS 70 FORM AND RECTI~'ES~q. ~ 0 0 0 Underlined. words and phrases are added. ~et,, .... ,,,-~' *~',,, ..... v,s-~' words and phrases are deleted. -5- .goAnne~olman, Clerk of the Circuit Court - St. Lucie County File Nut,bet: 1 47 5153 OR BOOK lOC PAGE 2 11 7 Recorded: 03-01-9t 08:29 A.M. ORDINANCE NO. 96-06 AN ORDINANCEAMENDING SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION 1 (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF O~DINANCES OF ST. LUCIE COUNTY, FLORIDA, BY REPEALING ORDINANCE NO. 95-37 WHICH PROHIBITED PARKING ON EUCLID DRIVE (BOTH SIDES) THE ENTIRE LENGTH OF THE RIGHT-OF-WAY FROM U. S. HIGHWAY ! EAST TO OLD DIXIE HIGHWAY AND DELETING THE DESCRIPTION OF EUCLID DRIVE FROM SECTION 1-20-17; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. After conducting a traffic safety study on Euclid Drive, the Traffic Operations Section of the Road and Bridge Division of the Public Works Department recommended that parking be prohibited on Euclid Drive (Both Sides) the entire length of the right-of-way from U. S. Highway i East to Old Dixie Highway. 3. The Engineering Division of the Public Works Department had approved the recommendation and the St. Lucie County Sheriff's Department had concurred with the recommendation. 4. On August 15, 1995 the Board of County Commissioners granted permission to advertise Ordinance No. 95-37 and at the Public Hearing on September 5, 1995, the Board of County Commissioners adopted Ordinance No. 95-37 as drafted. added. ~ ..... ~" passages Underlined passages are are deleted. --1-- OR BOOR 1OO1 "AGE 2 1 18 5. On December 12, 1995, after a request from two citizens to hold a public hearing to change the prohibition of parking on Euclid Drive, the Board voted unanimously to approve advertising of a public hearing to reconsider Ordinance No. 95-37. 4. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to amend Section 1-20-17 of the Code of Ordinances of St. Lucie County, Florida by repealing Ordinance No. 95-37 in its entirety and deleting the description of Euclid Drive from Section 1-20-17. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-17 (PARKING RESTRICTED ON CERTAIN STREETS) OF DIVISION ! (GENERALLY) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC). Section 1-20-17 of Division 1 of Article II of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-17. Parking restricted on certain streets. (a) (b) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right-of-way of the following roads or streets, or indicated portions thereof, at all times unless otherwise indicated: "Angle Road," (Both sides) from its intersection of Orange Avenue North to its intersection with Avenue B. "Angle Road," within three hundred (300) feet of its intersection with Avenue D. £truck through passages are deleted. added. -2- Underlined passages are ' ©R~ ?,00¥ ?_ 0 0 ~_ PAGE ~- I I 9 "Angle Road," within three hundred (300) feet of its intersection with Avenue Q. "Angle Road," within three hundred (300) feet on either side of the entrance to Westwood High School. "Arnold Road," the entire length of the right-of-way, from South 35th Street West to South 39th Street. "Atlantic Beach Boulevard," the entire length of the right-of-way, from Shorewinds Drive to its end, North Jetty. "Avenue D," within three hundred (300) intersection with Angle Road. feet of its "Avenue Q," within two hundred (200) intersection with Angle Road. feet of its "Beach Avenue," (East side), within one hundred (100) feet of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred (100) feet South of its intersection with Shady Lane. "Beach Avenue," (West side), within one hundred fifty (150) feet North of its intersection with Shady Lane. "Bell Avenue," (South side), from the intersection of Oleander Avenue Westerly approximately seven hundred (700) feet. "Chamberlin Blvd.," (North side), from one hundred forty (140) feet East of its intersection with U. S. Highway #1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet East of its intersection with U. S. Highway #1 (S. R. 5). "Darter Court," (Both sides), from its intersection with Okeechobee Road to the East end. "Edwards Road," from Will Fee Road West to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. "Elm Avenue," the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. added. ~...v.~.. passages are deleted. -3- Underlined passages are OR BOOK 1OO1 ~AGE 2 120 "Everglades Blvd.," (Center Island) from its intersection of South Shores Road Northerly to the end of the Center Island for a total distance of seven hundred fourteen (714') feet. "Flamingo Boulevard," the entire length of the right-of- way. "Glades Cut-Off Road," five hundred (500) feet on either side of the landfill entrance and on both sides of Glades Cut-Off Road. "Glades Cut-Off Road," within three hundred fifty (350) feet in all directions of its intersection with Midway Road. "Indrio Road," (Both sides), from the projected center- line of Indian Pines Village Entrance five hundred (500) feet East and five hundred (500) feet West; for a total distance of one thousand (1,000) feet. "Jenkins Road," within five hundred (500) feet of its intersection with Orange Avenue (SR 68). "Midway Road," (South side) within three hundred (300) feet of its intersection with 25th Street. "Midway Road," within three hundred fifty (350) feet in all directions of its intersection with Glades Cut-Off Road. "Moorings Lane," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "North Ocean Drive," the entire length of the right-of- way, from Sea Oats Drive to Shorewinds Drive. "Oak Drive," the entire length of the right-of-way. "Oleander Avenue," from the entrance to the State Farmers Market, Southerly approximately five hundred (500) feet. "Oleander Avenue," (East side), from West 1st Street to just South of the White School property, Monday through Friday, between the hours of 7:0 a.m. and 4:00 p.m. only. Struck added. ...... ~., passages are deleted. 14-- Underlined passages are Struck added. "Peters Road," (Both sides), from its intersection of State Road 70 (Okeechobee Road) for the entire length to the end of the existing pavement. "Sea Oats Drive," the entire length of the right-of-way, from North Ocean Drive to Oak Drive. "Shady Lane," within one hundred (100) feet of its intersection with Beach Avenue. "Shorewinds Drive," the entire length of the right-of- way, from North Ocean Drive to Atlantic Beach Boulevard. "South 33rd Street," (West side), the entire length of the right-of-way from Peterson Road to Whiteway Dairy Road. "South 35th Street," (West side), for a distance of one hundred sixty-five (165') feet North of the Centerline of Arnold Road and a distance of one hundred seventy (170') feet South of the Centerline of Arnold Road. "South 36th Street," the entire length of the right-of- way, from Virginia Avenue South to Arnold Road. "Tamarind Drive," the entire length of the right-of-way, from Shorewinds Drive to Flamingo Boulevard. "Tumblin Kling Road," within four hundred (400) feet West of its intersection with U. S. Highway 1. "Weatherbee Road," (Both sides), from its intersection of U. S. Highway #1 East to its intersection with Pressler Lane. "West 2nd Street," (North side), from Elm Avenue East to Oleander Boulevard, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "West 2nd Street," entire length of right-of-way, from Elm Avenue West to Cypress Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. "Will Fee Road," between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. "Windham Lane," the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak Drive. "50th Street," within two hundred (200) feet of its intersection with Angle Road. passages are deleted. Underlined passages are -5- .OR BOOT{ _~_ 0 0 ~_ PAGE 2 1 2 2 (c) (d) The road superintendent of the county is directed to erect the necessary signs on the roads and streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all times or during certain times, as provided in this section. Penalties for violation of this section shall be in accordance with State law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie 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 C. SEVERABILITY AND APPLICABILITY. 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. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. ~ ..... ,- Au ..... ,. passages are deleted. added. -6- Underlined passages are PART E. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Cliff Barnes ABSENT Vice Chairman Gary D. Charles, Sr. AYE Commissioner Havert L. Fenn AYE Commissioner Denny Green AYE Commissioner Ken Sattler AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, 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 B through G shall not be codified. PASSED AND DULY ADOPTED this 21st day of February, 1996. o, ST. ~CIE CO~TY,/F~ORIDA ~-c.z ~..rcug,, passages are leted. Underlined passages are added. --7-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 ORDINANCE NO. 96-08 AN ORDINANCE AMENDING CHAPTER 1-13.3, ARTICLE II OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS, "MOTOR CARRIERS LICENSURE" BY AMENDING SECTION 1-13.3-16 (DEFINITIONS) TO CLARIFY AND ADD CERTAIN DEFINITIONS; AMENDING SECTION 1-13.3-17 (PERMIT--REQUIRED; EXEMPTIONS) TO CHANGE THE SECTION TITLE TO "CERTIFICATE OF TRANSPORTATION", ADD CERTAIN EXEMPTIONS, AND CREATE CLASS "A" AND CLASS "B" CERTIFICATES OF TRANSPORTATION; AMENDING SECTION 1-13.3-18 (PERMIT--APPLICATION CONTENTS; INVESTIGATIONS) TO ESTABLISH THE REQUIREMENTS FOR AN APPLICATION FOR A CERTIFICATE OF TRANSPORTATION; AMENDING SECTION 1-13.3-19 (SAME-ISSUANCE; PRIOR NOTICE OF APPLICATION) TO CHANGE THE SECTION TITLE TO "REVIEW OF APPLICATION" AND ESTABLISH PROCEDURES FOR REVIEWING APPLICATIONS FOR CERTIFICATES OF TRANSPORTATION; CREATING A NEW SECTION 1-13.3-20 (STANDARDS OF REVIEW) TO E STABLISH THE STANDARDS OF REVIEW FOR AN APPLICATION FOR A CERTIFICATE OF TRANSPORTATION; AMENDING SECTION 1-13.3-20 (SAME-- REVOCATION) TO RENUMBER TO SECTION 1-13.3-21, CHANGE THE SECTION TITLE TO "CERTIFICATE INSURANCE REQUIREMENT", AND ESTABLISH INSURANCE REQUIREMENTS FOR CERTIFICATES OF TRANSPORTATION HOLDERS; AMENDING SECTION 1-13.3-21 (SAME--REVOCATION) TO RENUMBER TO SECTION 1-13.3-22, CHANGE THE SECTION TITLE TO "CERTIFICATES-- REVOCATION'', AND PROVIDE FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO REVOKE A CERTIFICATE OF TRANSPORTATION FOR FAILURE OF THE CERTIFICATE HOLDER TO MEET THE REQUIREMENTS OF CHAPTER 1-13.3, ARTICLE II OR BY RULE OR REGULATION ADOPTED BY THE BOARD OR THE STATE OF FLORIDA; AMENDING SECTION 1-13.3-22 (RENEWAL OF PERMITS; EVIDENCE OF CONTINUING COMPLIANCE) TO RENUMBER TO SECTION 1-13.3-23, CHANGE THE TITLE TO "RENEWAL OF CERTIFICATES; EVIDENCE OF CONTINUING COMPLIANCE", AND ESTABLISH PROCEDURES FOR RENEWING CERTIFICATES OF TRANSPORTATION; AMENDING SECTION 1-13.3-23 (AUTHORITY OF BOARD TO PROMULGATE RULES AND REGULATIONS) TO RENUMBER TO SECTION 1-13.3-23; DELETING SECTION 1-13.3-23 (OPERATOR REQUIREMENTS; FAILURE TO COMPLY); CREATING SECTION 1-13.3-24 om I 0 Sin(~le Underline is for addition ?.;!k= Th;c'--'gh is for deletion Ordinance #96-08 Page 1 DRAFT ~ PRINT DATE: 2/9/96 OR BOOK 1008 3E 00'1 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (TRANSFERS/ASSIGNABILITY) TO REQUIRE WRITTEN APPROVAL OF THE COMMUNITY DEVELOPMENT DIRECTOR TO TRANSFER OR ASSIGN A CERTIFICATE OF TRANSPORTATION UPON DEMONSTRATION OF COMPLETE COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND SUBMISSION OF A NEW APPLICATION FOR THE TRANSFEREE/ASSIGNEE; CREATING SECTION 1- '13.3-26 (APPEALS) TO ESTABLISH AN APPEALS PROCESS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Ordinance No. 86-37, adopted by the Board of County Commissioners on October 7, 1986, as amended by Ordinance Number 87-01, adopted by the Board of County Commissioners on January 7, 1987, and codified as Chapter 1-13.3 (Motor Carrier), St. Lucie County Code of Ordinances and Compiled Laws, established standards, requirements and procedures for granting permits to motor carriers. 2. On December 23, 1986, the Board adopted Ordinance Number 86-74 further amending Chapter 1-13.3 to exempt certain holders of the City of Ft. Pierce, Florida Certificates of Public Convenience and Necessity from motor carrier permit requirements, establish a term for a motor carrier permit, amend the application for a motor carrier permit, the requirement for insurance, and the requirement for continued compliance. 3. On October 13, 1987, the Board adopted Ordinance Number 87-69 further amending Chapter 1-13.3 to clarify certain application and review procedures, establish certain requirements which must be met by all motor carrier permit holders and applicants for permits, and provide for the revocation or denial of such permits for failure to comply with the requirements set forth in Chapter 1-13.3. 4. On April 7, 1992, the Board adopted Ordinance Number 92-11 further amending Chapter 1-13.3 of the Code to establish additional application requirements, clarify the standards for granting licensure, and provide for revocation or denial of permits for failure to comply with the requirements of Chapter 1-13.3. 5. It is necessary to further amend Chapter 1-13.3 to provide for more efficient and effective procedures for licensing motor carrier and chauffeurs employed by motor carriers Sinqle Underline is for addition ~{.~b,a Tk ..... k is for deletion Ordinance #96-08 Page 2 DRAFT ~6 PRINT DATE: 2/9/96 . OR BOOK 1 OO8 PAGE O O 1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 and enforcing the license requirements set forth in Chapter 1-13.3. NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie County: PART A. ARTICLE II "MOTOR CARRIERS - LICENSURE" OF CHAPTER 1-13.3 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS FOLLOWS: ARTICLE II. LICENSURE Section. 1-13.3-16. Definitions. For the purposes of this chapter, the following definitions shall apply: Applicant: means an individual, partnership, association, or corporation who applies for permit, pursuant to the terms of this article. In the case of partnerships, associations, and corporations, "applicant' shall also mean each individual with a partnership interest, each associate and the corporate officers and director. Board: means the St. Lucie County Board of County Commissioners or its designee. Certificate: means the written authority granted by the Board or Community_ Development Director. to the holder thereof to engage in providing public transportation services in St, Lucie County and each municipality located therein Chauffeur: means a duly licensed driver registered with St. Lucie County to operate a motor vehicle. Compensation: means a return in money, property, or anything of value. Communi~_ Development Director: means the head of the St. Lucie County Department of Community. Development. Count_ Administrator. means the chief administrative officer for St. Lucie County. Single Underline is for addition ~ is for deletion Ordinance #96-08 Page 3 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK 3. O O 8 'AGE O O ~_ 5 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Motor carrier: means an individual, partnership, association, corporation, or other entity that owns, controls, operates, exercises dominion over, or manages any motor vehicle, as defined herein, and which holds itself out as engaged in the business of providing passenger transportation services to the public for compensation. Motor vehicle or vehicle: means every vehicle or machine of eighteen-passenger capacity or less, excluding the driver, propelled by other than muscular motive power, used upon the public streets for public passenger transportation including, but not limited to: (a) Taxicabs; means a motor vehicle designated to accommodate not more than five (5) passengers, exclusive of the driver, operated for compensation and the route or destination is controlled by the passenger therein. (b) Limousines; means any motor vehicle that is engaged for the exclusive use of the passenger, which provides seating accommodations for not less than six (6) and not more than eight (8) passengers, exclusive of the driver, and where the route or destination is controlled by the passenger. (c) Van; means any motor vehicle which provides seating accommodations for not less than nine (9) and not more than eighteen (18) passengers, exclusive of the driver, operated for compensation, and the route or destination is controlled by the passenger therein. Operator: means the holder of a permit or Certificate or Transportation issued pursuant to this article. Street: means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public park, viaduct, or other public place located within the unincorporated area of St. Lucie County The fact that words in this chapter are phrased in the singular or plural, in any certain gender, or in any tense shall not prohibit the applications of its provisions as common sense and the context require. Section· 1-13.3-17 D.......;~ D ....... ,~ · ........... .~ ..... , "xc"'p~ .... Certificate of Transportation. Single Underline is for addition ~.;~.~ -r~, ..... ~- is for deletion Ordinance #96-08 Page 4 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK 3. O O 8 .~E O O 3. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2'6 27 28 29 30 31 32 33 34 35 36 37 38 39 (a) It shall be unlawful for any motor carrier to use, drive, or operate or to cause or permit any person to use, drive, or operate any motor vehicle upon the streets within the unincorporated area of St. Lucie County. without first obtaining a taer-m~ Certificate of Transportation pursuant to the provisions of this article, provided, however, that this section shall not apply to the following: (1) Discharge of any passenger picked up outside the unincorporated area of St. Lucie County., provided that the pickup and carriage of such passenger were legally authorized; or (2) Operation under a valid certificate of public convenience issued by the Interstate Commerce Commission; (3) Operation of a limousine by licensed embalmers, morticians, or funeral directors, or their employees, for purposes directly related to funerals; and (4) Operation of privately owned buses engaged in intercity transportation, but only to the extent required by Section 341.102. Florida Statutes; Operation of a motor vehicle under a valid certificate of public convenience and necessity, issued by St. Lucie County.~: (6) Motor vehicles owned, or operated through contract, by St. Lucie County providing local or special public transit services: (7) Ambulances and other emergency vehicles operated by the St, Lucie County. Fire District for purposes of medical transport: (8) Ambulances and other vehicles required to be licensed under the provisions of Chapter 401. Florida Statutes and/or Chapter 1-12.5. St. Lucie County. Code of Ordinances and Compiled Laws: (9) Federal. state, county., or municipal vehicles when operated by a government employee providing transportation services without compensation: (10) Motor vehicles used for the transportation of passengers between the vicinity_ of their respective residences and the vicinity, of their respective places of work when driven by a person travelling between his residence Sinale Underline is for addition ~ is for deletion Ordinance ~96-08 Page 5 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK 1OO8 .~GE OO17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26. 27 28 29 30 31 32 33 34 35 36 37 38 39 (b) and his place of work in an arrangement commonly referred to as a "car pool" or "van pool:" (11) Vehicles operated by a governmental agency: (12) Vehicles owned and operated by hotels and motels which provide transportation services for their guests only, for which the guest does not incur a separate charge. (813) Any party who holds a certificate of public convenience and necessity issued by the city commission of the City of Fort Pierce, Florida, which was originally issued prior to the effective date of Ordinance No. 86-37, and files evidence of insurance with the grantor pursuant to the requirements of section 1-13.3-20 after September 1 of each year, but on or before October I of each year. There are hereby created two (2) classes of Certificates of Transportation: (1) Class "A": A Class "A" Certificate of Transportation shall be required for any individual, partnership, association, corporation, or other entity_ that owns. controls, operates, exercises dominion over. or manages any motor vehicle which holds itself out as engaged in the business of providing passenger transportation services to the public for compensation. (2) Class "B": A Class "B" Certificate of Transportation shall be required for any individual employed or contracted as a chauffeur by a individual. partnership, association, corporation, or other entity_ that owns, controls, operates, exercises dominion over. or manages any motor vehicle which holds itself out as engaged in the business of providing passenger transportation services to the public for compensation Any ~ Certificate issued pursuant to the provisions of this article shall be valid for one (1) year only and shall expire on September 30 of each year. Single Underline is for addition Strike-T-hreu~ is for deletion Ordinance #96-08 Page 6 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK 100 [ PAGE O O 1 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Section 1-13.3-18 S=me Applications; contents; investigation. (a) Application for Class "A" Certificate of Transportation: Every application for a Class "A" Certificate of Transportation ~ and every application for amendment to a Class "A" Certificate of Transportation ~ .... , ,..~-~. ............. ~.~. .................. a permit hereunder shall be in writing, signed and sworn to by the applicant, and shall be filed with the beard Community Development Director as provided for herein. The application shall be on a form provided by the beard Community. Development Director and shall contain the following: (1) a. If an individual, name, address and date of birth of the applicant, and names and addresses of all management personnel; If partnership or association, names, addresses and dates of birth of all partners or associates, and names and addresses of all management personnel; or If a corporation, name of corporation, date and state of incorporation, verified copy of registration to do business in the state, address of corporate headquarters in Florida, or name and address of resident agent if foreign corporation, names, addresses and date of birth of all corporate officers, directors, and management personnel; All previous addresses for the five (5) years preceding the date of application for all individuals, partners, corporate officers, directors and management personnel. (2) :r-he-elass A description of the type of transportation service which the applicant desires to furnish, including whether taxicab, limousine, or other~i a brief description of the number, kinds and types of vehicles to be used:~ seating capacity of the vehicles~: a statement indicating whether each vehicle is accessible for persons with disabilities and a description of the accessibility features of each vehicle: o~--*~ ............ *-' and the State of Florida motor vehicle license number of each vehicle and size and grccs .... ~'~'* thereof. (3) The trade name under which the motor carrier service ~ will be Sinole Underlirle is for addition ~ is for deletion Ordinance ~96-08 Page 7 DRAFT ~ PRINT DATE: 2/9/96 OR BOOK 1 008 PAGE O O1 9 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (45) (6) operated. A statement indicating whether the applicant has paid its current annual State of Florida license tax on motor vehicles for hire for all motor vehicles to be used by the applicant and whether appropriate license tax is affixed to each such vehicle. Evidence of insurance as required in section 1-13.3 2021. A complete set of fingerprints and two (2) current passport-type photographs of the applicant. In the case of partnership, association or corporation, this information shall be obtained from all partners, associates, co .rporate officem and directors. The applicant's fingerprints and current passport-type photographs are for the pu .rpose of a cdminal background check of the applicant. Single Underline is for addition ~ is for deletion Ordinance #96-08 Page 8 DRAFT ~ PRINT DATE: 2/9/96 OR BOOK 1_. O O 8 PAGE O O 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 (b) A record of all vehicular and pedestrian accidents involving property damage and/or personal in!ury_ that the applicant has been directly involved in. which have occurred within five (5) years of the date of the application, including an identification of all final !udgements and/or criminal findings, along with any other pertinent information. (8) A record of all crimes (excluding traffic) of which the applicant has been convicted within five (5) years preceding the date of the application, In the case of partnership, association or corporation, this information shall be obtained from all partners, associates, corporate officers and/or directors. (9) A list of all motor carrier certificates, permits, or authorizations granted or denied to the applicant by a governmental entity within the preceding three (3) years, and a list of all failures by the applicant to perform on a motor carrier contract, franchise, or license within six (6) years preceding the date of application. Partnership, association, or corporate applicants shall provide this information for all partners, associates, corporate officers and directors. (10) A description of the geographic area proposed to be served by the applicant. This should be expressed as either a fifty-or two-hundred-mile radius out from the applicant's base of operations. (911) Each original application, ~ application for aF~amendment, or application for Certificate transfer shall be accompanied by a fee in the amount prescribed by resolution of the board. All such fees are nonrefundable. Application for Class "B" Certificate of Transportation: Every. application for a Class "B" Certificate of Transportation and every_ application for amendment to a Class "B" Certificate of Transportation hereunder shall be in Single Undedil~e is for addition Strike--Threugh is for deletion Ordinance #96-08 Page 9 DRAFT #6 PRINT DATE: 2J9/96 OR BOOK 1OO8 .AGE OO21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 writing, signed and sworn to by the applicant, and shall be filed with the Community_ Development Director as provided for herein. The application shall be on a form provided by the Community. Development Director and shall contain the following: (1) Name. address and date of birth of the applicant; (2) The name of the individual, partnership, association, corporation, or other entity, that owns. controls, operates, exercises dominion over. contracts for or manages the motor vehicle(s) which will be operated by the applicant tO provide passenger transportation services to the public for compensation (3) Copy of current State of Florida driver's license: (4) One complete set of fingerprints; (5) Three (3) current passport:type photographs: A list of all motor carrier certificates. Certificate of Transportation, or authorizations granted or denied to the applicant by a governmental entity. within the preceding three (.3) years. (7) Each original application or application for an amendment shall be accompanied by a fee in the amount prescribed by resolution of the board. All such fees are nonrefundable. Section 1-13.3-19 application. .-.ct!cc cf =pp!!cat!onReview of (a) Review of Class "A" Certificates of Transportation (1) Upon the filing of any application for a Class "A" Certificate of Transportation. the Community. Development Director. or his designee, shall review the application for completeness. The Community. Development Director may require additional information as may be necessary, to adequately review an application for a Class "A" Certificate of Transportation, (2) The Community. Development Director shall determine whether the Single Underline is for addition ~ is for deletion Ordinance #96-08 Page 10 DRAFT ~ PRINT DATE: 2/9/96 OR BOOK I OO8 PAGE OO22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (3) (4) submitted application is complete within ten (10) working days of the date the application is filed with the Director. Upon a showing of good cause. the Director may extend this review period one (1) time for ten (10) additional working days. If the Community_ Development Director does not certify_ the application as complete, return the application as incomplete, or notify, the applicant that the review period is being extended for an additional ten (10) day period, the application for Class "A" Certificate of Transportation shall automatically be granted provisional status, sub!ect to the provisions of paragraph (4) of this section, If the Community. Development Director determines the application for Class "A" Certificate of Transportation to be incomplete and/or inconsistent with the standards of review set forth in section 1-13.3-20. the Community Development Director shall return the application to the applicant, noting th~ items which are not complete or have been determined to be inconsistent with the standards of review. The applicant will then have sixty_ (60) days from the date of transmittal to submit a revised/corrected application for Certificate of Transportation. Any application that has been returned for correction and is not resubmitted to the Community. Development Director within the described sixty. (60) day period shall be considered withdrawn and all filino fees forfeited, Once the Community. Development Director determines an application for a Certificate of Transportation to be complete, the Community_ Development Director shall, based upon the standards of review set out in Section 1- 13.3-20. approve, approve with conditions, or deny the application. The Community. Development Director shall not determine any application for a Class "A" Certificate of Transportation complete until such time as a criminal background check has been conducted by the Florida Department of Law Enforcement (FDLE) and the results of this check submitted to the Director. NOTICE OF APPLICATION FOR PERMIT TO Sinale Underline is for addition Str!k... Through is for deletion Ordinance #96-08 Page 11 DRAFT ~6 PRINT DATE: 2/9/96 OR BOOK I OO8 ~AGE OO23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (b) D=ted this day cf The board Community. Development Director shall issue a pem~ Class "A" Certificate of Transportation if the board Director determines that the application complies with the requirements of this article and that the issuance of a taermi-t Certificate is consistent with the requirements of this article. Review of Class "B" Certificates of Transportation (1) Upon the filing of any application for a Class "B" Certificate of Transportation. the Community. Development Director. or his designee, shall review the application for completeness. The Community. Development Director may require additional information as may be necessary to adequately review the application for a Class "B" Certificate of Transportation. Such review shall be a part of the record from which the Community. Development Director makes his decision. (2) The Community. Development Director shall determine whether the Single Underline is for addition Strike Thrcu.~h is for deletion Ordinance #96-08 Page 12 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK 21. O O 8 PAGE O O 2 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (3) (4) (5) submitted application is complete within ten (10) working days of the date the application is filed with the Director. Upon a showing of good cause; the Community_ Development Director may extend this review period one (1) time for ten (10) additional working days. Good cause may include, but is not limited to. failure to receive the applicant's required driving record from the Florida Department of Motor Vehicles. If the Community_ Development Director does not certify_ the application as complete, deny the application, return the application as incomplete, or notify, the applicant that the review period is being extended for an additional ten (10) day period, thc application for Class "B" Certificate of Transportation shall automatically bc granted provisional status, sub!ect to the provisions of paragraph (5) of this section, If the Community. Development Director determines the application for Class "B" Certificate of Transportation to be incomplete, the Community Development Director shall return the application to the applicant, noting the items which are not complete. The applicant will then have sixty. (60) days from the date of transmittal to submit a revised/corrected application for ~ Certificate of Transportation. Any application that has been returned for correction and is not resubmitted to the Community. Development Director within the described six~. (60) day period shall be considered withdrawn and all filing fees forfeited. Once the application is complete, the Community. Development Director, shall approve, approve with conditions, or deny the application based on the standards of review set forth in Section 1-15.$-2. If the Community. Development Director approves the application, the Director shall issue a provisional Class "B" Certificate of Transportation, This provisional certificate shall be valid for no more than ninety. (90) days from the date of issuance and is specifically conditioned to be valid only until such time as a complete criminal background check has been conducted by the Florida Department of Law Enforcement (FDLE), One of the photographs submitted with the application shall be affixed to the provisional Certificate. The provisional Certificate shall be prominently displayed in the motor carrier vehicle during all times of operation by th~ applicant pending issuance of a standard Certificate. If the FDLF background check reveals that any information provided on the application for a Class "B" Certificate of Transportation is false, the provisional Single Underline is for addition ~ is for deletion Ordinance #96-08 Page 13 DRAFT ~6 PRINT DATE: 2/9/96 OR BOOK 'I O O 8 -~AGE O O ~m. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Certificate shall, not withstanding the provisions of section 1-13.3-22, immediately be revoked and cancelled. Any applicant for a Class "B" Certificate of Transportation who has a provisional Certificate revoked for providing false information, shall be prohibited from applying for any further Certificates of Transportation until such time as all requirements are met by the applicant. If the FDLE background check reveals that the information provided on the application for Class "B" Certificate of Transportation is correct, a standard Class "B" Certificate of Transportation shall be issued in accordance with the provisions of this article. One of the photographs submitted with the application shall be affixed to the standard Certificate. The standard Certificate shall be prominently displayed in the motor carrier vehicle during all times of operation by the applicant. (6) Except as provided for under Section 1-13.3-26. any applicant for a Class "B" Certificate of Transportation who has his application denied is prohibited from applying for any further Certificates of Transportation until such time as all requirements are met by the applicant. Section 1-13.3-20. Standards of review. The following Standards of Review shall apply to both Class "A" and Class "B" Certificates of Transportation application: (a) Any permit holder or applicant for a Certificate. shall meet all of the following requirements: (1) Be at least eighteen (18) years of age on the date of application; (2) Hold a valid State of Florida driver's license of the appropriate classification for the vehicle driven: (3) Have no conviction or plea of nolo contendere, within the preceding five (5) years to any of the following; (a) Any crime involving the sale or possession of controlled substances as defined in section 893,02, Florida Statutes (1993) Sinale Underline is for addition Stcike--T-hreu~ is for deletion Ordinance #96-08 Page 14 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK 1 008 PAGE O O 2 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (b) (b) Any crime defined by Chapter 796. Florida Statutes (1993). related to prostitution; Any offense relating to driving under the influence of controlled substances or alcohol as set forth in section 316.193. Florida Statutes (.1993) (4) Have no conviction, or plea of guilty or nolo contendere, to any criminal offense or felony involving the use of deadly weapons unless the civil rights of the applicant or Certificate holder have been restored; (5) Have no revocation or suspension, within the preceding three (3) years of a State of Florida driver's, chauffeur's or commercial driver's license; (6) Have no more than two (2) traffic infractions resulting in accidents in the preceding three (3) years: (7) Have no more than four (4) convictions of moving traffic violations in the preceding eight (8) years; (8) Meet the insurance requirements set forth in Section 1-13.3-21. if reouired. Failure to comply with the provisions of this section shall result in denial of a Certificate. revocation or suspension of a Certificate. a denial of a renewal of a Certificate. or other such remedies available to the County, Section 1-13.3-2021. SamcCertificate--Insurance requirement. (a) All applicants for Class "A" and Class "B" Certificates of Transportation am required to maintain insurance coverage. A Class "B" chauffeur in the employ of an individual, partnership, association or corporation who is covered under th~. insurance policy or polices of the individual, partnership, association or corporation, shall not be required to comply with the provisions of this section so long as the individual, partnership, association or corporation employing him meets the requirements of this section and the individual, partnership, association or corporation employing him has a valid Class "A" Certificate of Transportation issued in accordance with the provisions of this article. Single Underline is for addition Stdk~ Thrcu~h is for deletion Ordinance #96-08 Page 15 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK 1008 ?~ 0027 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Before any~...,,,,,.;* .., ...... ~...,,,,,.,.;*o Certificate or Certificates are issued to conduct operations, the motor carrier shall file evidence of insurance with the board Community_ Development Director providing for public liability and property damage coverage on each motor vehicle to be operated in the following amounts: (1) Taxicab: Not less than twenty-five thousand dollars ($25,000.00) per person and fifty thousand dollars ($50,000.00) per incident as to public liability, and property damage coverage in an amount not less than twenty-five thousand dollars ($25,000.00) (2) Limousine: Not less than fifty thousand dollars ($50,000.00) per person and one hundred thousand dollars ($100,000.00) per incident as to public liability, and property damage coverage in an amount not less than fifty thousand dollars ($50,000.00). (3) Van: Not less than one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per incident as to public liability, and property damage coverage in an amount not less than one hundred thousand dollars ($100,000.00). Evidence of insurance shall be executed and filed with the board Community_ Development Director by the insurance carrier in a form or forms acceptable to the Communit_v Development Director board. The insurance carrier or company shall qualify as an insurance company authorized to transact business in the State of Florida. At a minimum, the evidence of insurance shall show: (1) The type and amount of coverage; (2) The effective date of the coverage; and (3) The effective radius of the coverage. The insurance coverage required hereunder shall be effective throughout the area served by the applicant. No ~ Certificate shall be issued prior to the effective date of the coverage. Such insurance shall be kept in full force and effect by the permit Certificate holder at all times. Failure to have same in full force and effect shall immediately and automatically suspend all t~3r-mits Certificate$ issued hereunder, until evidence of compliance with this section has been filed in the proper form and amounts as herein provided. Such insurance shall provide that Sinale Underline is for addition St?.k= Thrc'--'~h is for deletion Ordinance #96-08 Page 16 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK 1OO8 .AGE 0028 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 the per-m~ Certificate holder's insurance coverage may neither expire nor be cancelled prior to thirty (30) days after the board receives written notice of the expiration or cancellation from the insurance carrier. (~le) A motor carrier may qualify for a portion of the required insurance under this section in an amount not to exceed fifty thousand dollars ($50,000.00) by obtaining a certificate of self-insurance from the Florida Department of Highway Safety and Motor Vehicles, pursuant to Florida Statutes, Chapter 324. Copies of the self- insurance certificate and all reports required by the Florida Department of Highway Safety and Motor Vehicles shall be delivered by the motor carrier to the board. Section 1-13.3-2~.22. Sa~m-Certificate- Revocation. (a) The bccrd Community. Development Director shall revoke any eCertificate issued under this article for failure of the GCertificate holder to meet any requirement of this article or any rule or regulation adopted by the board or the State of Florida. Notice of the 5c=rd% Community. Development Director's intent to revoke a GCertificate for failure to meet any of the above requirements shall be sent to the ~Certiflcate holder by certified mail. If evidence of corrective measures is not presented to the beard Community_ Development Director within twenty-one (21) days of the date the notice is sent, the ~Certificate shall be deemed revoked. If evidence of corrective measures is presented timely, the bcard Commvnity Development Director shall determine whether that evidence is credible and whether it indicates full compliance with all governing requirements. Failure to present credible evidence of full compliance with all governing requirements shall be grounds for revoking the certificate. Any Certificate revoked pursuant to this section may only be reinstated through the filing of a new application for a Certificate of Transportation or through appeal as set forth in Section 1-13,3-26, Section 1-13.3-2223. Renewal of PermitsCertificate; evidence of continuing compliance. (a) Renewal of a Class "A" Certificate of Transportation After September 1 of each year, but before October 1 of each year, every holder of a pecmit Class "A" Certificate of Transportation issued pursuant to this article shall submit the following for renewal of the ~Certificates and as evidence of Ordinance #96-08 DRAFT #6 Sinqle Underlirl{~ is for addition Stcike-T-hceu~h is for deletion Page 17 PRINT DATE: 2/9/96 OR BOOK 1008 ~ E 0029 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 continuing compliance with the provisions of this article: (1) Evidence of insurance in the amount and coverage required by section 1- 13.3 2021. (2) A list of all chauffeurs employed by the holder of the pecmit Certificate after the date of issuance of the current per-mit Certificate and employed on the date of application for renewal of the per-mit Certificate. (3) A renewal fee in the amount prescribed by resolution of the bBoard. (b) Renewal of a Class "B" Certificate of Transportation After September 1 of each year. but before October I of each year. every_ holder of a Class "B" Certificate issued pursuant to this article shall submit the following for renewal of Certificates and as evidence of continuing compliance with the provisions of this article: (1) Evidence of insurance in the amount and coverage required by section 1- 13.3-21. if required; (3) A renewal fee in the amount prescribed by resolution of the Board. (bc) The ffecmit Certificate shall be renewed only if a ~ Certificate holder demonstrates continuing compliance with the provisions of this article. Otherwise, the per-mit Certificate shall be subject to revocation as set forth in section 1-13.3- 2-1-2--2. Section 1-13.3-2324. Authority ofbBoard to promulgate rules and regulations. The bBoard of eCounty eCommissioners is hereby authorized to establish, by resolution, such rules and regulations concerning the operation and maintenance of any taxicab or limousine service permitted pursuant to this article as they may deem necessary to protect the public health and safety of the citizens of St. Lucie County, Florida. Any failure by a f)ermit Certificate holder to meet and comply with such rules and regulations shall be grounds for certificate revocation as provided in section 1-13.3..2122. Sinale Underline is for addition Stdk~ Through is for deletion Ordinance #96-08 Page 18 DRAFT ~ PRINT DATE: 2/9/96 OR BOOK 1 008 ~AGE 0030 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 /4\ %,'1 /'9\ 17\ Single Underline is for addition Strik: Thrc'.'gh is for deletion Ordinance 096-08 Page 19 DRAFT ~6 PRINT DATE: 2/9/96 OR BOOK 1008 _AGE 0031 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '27 28 29 30 31 32 33 34 35 36 37 38 39 Section 1-13.3-25, Transfers/assignability. (a) No Certificate of Transportation issued pursuant to this article may be transferred or assigned without the prior written approval of the Community_ Development Director. (b) The Community. Development Director shall not approve any transfer or assignment of any Certificate unless the proposed transferee or assignee submit~ a new application for the appropriate Certificate of Transportation which demonstrates complete compliance with all provisions of this article, Section 1-13.3-26. Appeals, (a) An applicant or Certificate holder may appeal any decision made by the Community. Development Director to the Board of County. Commissioners by filing a petition of appeal with the County. Administrator within thirty. (30) calendar days of the date of rendition of the decision. The Board shall review the petition at a public meeting within thirty_ (30) calendar days from the date of filing of the appeal The petitioner shall be provided with notice of the time. date and place of the public meeting by certified mail, return receipt requested, and invited to attend Testimony at the public meeting shall be limited to ten (10) minutes per side. unless an extension of time is granted by the Board, The Board's decision shall be final for the purpose of administrative appeals. The Board's review of the petition shall be limited to the record and facts which were available to the community_ development director at the time of rendition of the decision appealed. The Board shall revoke the decision of the Community. Development Director if there is competent substantial evidence in the record that the decision fails to comply with this article, (b) Amy person desiring to appeal a decision of the Board under this section may apply for !udicial relief by writ of certiorari to the Circuit Court in the Nineteenth Judicial Circuit in and for St. Lucie County. within thirty (30) days after rendition of the decision by the Board. Review shall be governed by the Florida Rules of Appellate Procedure. Single Underline is for addition Strike Thrc'.'gh is for deletion Ordinance #96-08 Page 20 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK ~1_ O O 8 _ ~~GE O O 3 :~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie 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 C. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated areas of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect on July 1, 1996. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Sinale Underline is for'addition ~ is for deletion Ordinance #96-08 Page 21 DRAFT #6 PRINT DATE: 2/9/96 OR BOOK 1OO8 - .GE 0033 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Chairman Cliff Barnes AYE Vice Chairman Gary D. Charles, Sr. AYE Commissioner Havert Fenn NO Commissioner Denny Green AYE Commissioner Ken Sattler AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code of Ordinances and Compiled Laws, 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 B through H shall not be codified. PASSED AND DULY ENACTED this 5th day of March, 1996. ./. ATTEST: DEPUTY CLERK BOARD OF COUN/~ COMMI'SSlONER~$ ST. LUClE COUNTY, FLORI'I3A z..-' CHAIRMAN ^s CO/LINTY A~ Ordinance #96-08 DRAFT #6 Single Underline is for addition Str~ is for deletion Page 22 PRINT DATE: 2/9/96 JoAnne Holman, Clerk of e Circuit Court - St. Lucie C( ky Fi~e Number: 14773~,9 OR BOOK 1018 PA~.-. 1382 Rec6rded: 06-05-96 11:10 A.M. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2% 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 96-009 AN ORDINANCE REGARDING ARTICLE II (ABANDONED PROPERTY, GARBAGE, TRASH, JUNK AND DEBRIS) OF CHAPTER 1-9 (GARBAGE, TRASH AND REFUSE) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; AMENDING SECTION 1-9-16 (DEFINITIONS) TO AMEND THE DEFINITION OF ABANDONED PROPERTY TO ADDRESS THE ISSUE OF ABANDONED VEHICLES; AMENDING SECTION 1-19-17 (ABANDONED PROPERTY, GARBAGE, TRASH, JUNK, OR DEBRIS - IN OR ON ROADS OR PUBLIC LANDS) TO AMEND THE SUPPLEMENTAL PROCEDURE FOR REMOVAL AND DESTRUCTION OF ABANDONED PROPERTY ON PUBLIC PROPERTY; AMENDING SECTION 1-19-18 (SAME - IN OR. ON PUBLIC WATERS) TO AMEND THE SUPPLEMENTAL PROCEDURE F~R THE DESTRUCTION AND REMOVAL OF ABANDONED PROPERTY IN OR ON PUBLIC WATERS; AMENDING SECTION 1-9-19 (SAME - IN OR ON PRIVATE PROPERTY) TO DELETE DUPLICATE LANGUAGE AND TO AMEND THE SUPPLEMENTAL PROCEDURE FOR REMOVAL AND DESTRUCTION OF ABANDONED PROPERTY ON PRIVATE PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to provide regulations that promote the health, safety, and welfare of the citizens of St. Lucie CounEy, Florida. Chapter 1-9, Article II (Abandoned Property, Garbage, Trash, Junk and Debris) of the St. Lucie County Code addresses abandoned property, garbage, trash, junk and debris on public property, public waters and private property. o Clarification of the definition of "abandoned property" set forth in Section 1-9-16 is necessary in order to enhance enforcement of Chapter 1-9 with regard to abandoned vehicles. 3. Sections 1-9-17, 1-9-18, and 1-9-19 of the Code of Ordinance #96-009a Final Double Under[-fn~-i~ for Strlka Through is for deletion Page 1 PRINT DATE: 5/14/96 OR BOOK 1018 PAGE 1383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Ordinances of St. Lucie County, Florida, currently contain procedures for the removal and destruction of abandoned property on public property, public waters, and private property which were adopted pursuant to Section 705.16, Florida Statutes, which has been repealed. Accordingly, it is necessary to amend Section 1-9-17, 1- 9-18, and 1-9-19 to eliminate those procedures adopted pursuant to Section 705.16. NOW, THEREFORE, BE IT ORDAINEDby the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-9-16 (DEFINITIONS) OF ARTICLE I (ABANDONED PROPERTY, GARBAGE, TRASH, JUNKAND DEBRIS) O CHAPTER 1-9 (GARBAGE, TRASH AND REFUSE) OF THE ST. LUCI] COUNTY CODE OF ORDINANCES. Section 1-9-16 of Article II of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: CHAPTER 1-9 GARBAGE, TRASH AND REFUSE ARTICLE II. ABANDONED PROPERTY, GARBAGE, TRASH, JUNK, AN£ DEBRIS Section 1-9-16. Definitions. For the purpose of this article, the following words shall have the meanings indicated: "Abandoned property" means wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and is visible from the adjacent property and/or public right of way adjacent to the property on which the article is located, and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, white goods, building materials, refrigerators, washing machines, plumbing fixtures, furniture, and any similar article, which has no value other than nominal salvage value, if any. The presence of a current license plate on a motor Double Una~riln~-i~ for ~d[-~i~ gtrlka Thrsu~h is fer deletien Ordinance #96-009a Page 2 Final PRINT DATE: 5/14/96 ' OR~BOOK 1018 PAGE 1384 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 vehicle shall raise a rebuttable presumption that the motor vehicle is not abandoned property. The presence of a current registration decal on a boat shall raise a rebuttable presumption that the boat is not abandoned property. For the purpose of this article, a motor vehicle, boat or trailer shall be deemed abandoned property if it is inoperative for a period of longer than five (5) days and is not stored in an enclosed building, or at an authorized ~unk or auto wrecking yard, Evidence of removed or flat tires; partial or complete dismantlin~ or removal of parts; broken glass; missina major parts such as lights, doors, trunk covers, hoods, or motor parts essential for the lawful and safe operation of the motor vehicle~ boat or trailer; growth of vegetation around or through the motor vehicle, boat or trailer that would be in excess of the average height of the surrounding vegetation; the positioning of the motor vehicle, boat or trailer in other than an upright or operable manner; or lack of a current license plate or current registration decal shall raise a rebuttable presumption that the motor vehicle, boat, or trailer is abandoned property. "Debris" means fragments or accumulations of pieces of metal, rubber, plastic, cloth or any other natural, manufactured or vegetative matter. "Enforcement officer" means sheriff, code enforcement officer, or any other officer designated by resolution of the Board of County Commissioners to enforce the provisions of this article. "Garbage" means any waste part of food or other discarded animal or vegetable matter subject to bacterial decay. "Junk" means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or other objects manufactured from either organic or inorganic materials. "Person" means any individual, firm, business, corporation, or unincorporated association. partnership, "Trash" means broken parts of tree, prunings, clippings, or other pieces or fragments of vegetative matter. SECTION B AMENDMENT OF SECTION 1-9-17 (ABANDONED PROPERTY, GARBAGE TRASH, JUNK, OR DEBRIS - IN OR ON ROADS OR PUBLIC LANDS OF CHAPTER 1-9 (GARBAGE, TRASH AND REFUSE) OF THE ST LUCIE COUNTY CODE OF ORDINANCES. Double ~n~ri~n~-i~ for ~-adi-~ion strlkc Through is for deletion Ordinance #96-009a Page 3 Final PRINT DATE: 5/14/96 OR BOOK 1018 PAGE 1385 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Section 1-9-17 of Article II of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-9-17. Abandoned property, garbage, trash, junk, debris - In or on roads or public lands. (a) No person shall throw, discard, place, deposit, or cause to be discarded, placed, or deposited any abandoned property, garbage, trash, junk, or debris in any manner or amount whatsoever in or on any~v=~" public highway, road, street, alley, thoroughfare, right-of-way, or on any other county land in the unincorporated areas of the county, except in containers or areas lawfully provided for the same. (b) The existence of any abandoned property, garbage, trash, junk, or debris in or on any county public highway, road, street, alley, thoroughfare, right-of-way, or on any other county lands in the unincorporated areas of the county containing evidence of ownership of the same shall be prima facie evidence of intent to violate and of the violation of paragraph (a) of this section by the person whose name appears on such material. (c) Supplemental procedure for removal and destruction abandoned property on public property. of The enforcement of the provisions set forth in this section shall by the St. Lucie County Code Enforcement Board, or other remedy of law available to the Board of County Commissioners. (1) Double ~n~-~ri-fn~-i~ for ~-dd~i~-~ £triKe ThrouGh is for deletion Ordinance ~96-009a Page 4 Final PRINT DATE: 5/14/96 OR BOOK 1018 PAGE 1386 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (2) (3) .............. prcpcr_~ ........... ........ , If, followinq the issuance of an order by the Code Enforcement board or other appropriate adjudicatin~ authority at thc ~ ^~ +~ ,~n~ ~ ...... if ~ ....... ~" the owner or any person interested in the abandoned article or articles described in anV such order nc~icc has not removed the article or articles from public property or shown reasonable cause for failure to do so, the Enforcement Officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the Board of County Commissioners to be applied against the cost or removal and destruction thereof, unless the costs of removal and destruction are paid by the owner as provided in subsection 1-9-17(3) in which case the salvage value may be deposited in the general fund of St. Lucie County, Florida. The owner of any abandoned motor vehicle or boat who, after order by the Code Enforcement board or other appropriate adjudicatinq authority ~e~ as ~ .......... ~ .... ~^~ does not remove the vehicle or boat within the specified period shall be liable to the Board of County Commissioners for all costs of destruction and removal of such property, less any salvage value received by the Board. Upon such removal and destruction, an Double ~n~ri-fn~-i~ for a~d~-~i~-~ Strlkc Through is for deletion Ordinance #96-009a Page 5 Final PRINT DATE: 5/14/96 OR BOOK 10_" PAGE 1387 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Enforcement Officer shall notify the owner of the amount owed and the penalty provision of this subsection. In the case of an abandoned boat, any person who neglects or refuses to pay such amount shall not be entitled to be issued a certificate of registration for any other boat until such costs have been paid. The Code Enforcement Administrator shall supply the Department of Natural ~ascurccs Environmental Protection with a list of persons whose boat registration privileges have been revoked under this subsection. In the case of an abandoned motor vehicle, any person who neglects or refuses to pay such amount shall be subject to a fine of one hundred and 0/100 dollars ($100.00). u~ Double -On~rl-fn~-ig for StrzXs Thrsugh is for deletion Ordinance #96-009a Page 6 Final PRINT DATE: 5/14/96 OR BOOK lO18 PAGE 1388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PART C. AMENDMENT OF SECTION 1-19-18 (SAME - IN OR ON PUBLI~ WATERS) OF ARTICLE II (ABANDONED PROPERTY, GARBAGE TRASH, JUNK AND DEBRIS) OF CHAPTER 1-9 (GARBAGE, TRAS: AND REFUSE) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 1-19-18 of Article II of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-9-18. Same - In or on public waters. (a) No person shall throw, discard, place, deposit, or cause to be discarded, placed, or deposited any abandoned property, garbage, trash, junk, or debris in any manner or amounE whatsoever in or on any freshwater lake, river, stream, or tidal or coastal waters in the unincorporated areas of the county. (b) The existence of any abandoned propertz, garbage, trash, junk, or debris in or on any freshwater lake, river, stream, or tidal or coastal waters in the unincorporated areas of the county containing evidence of ownership of the same shall be prima facie evidence of intent to violate and of violation of paragraph (a) of this section by the person whose name appears on such material. Double Ona~r~-~n~-ig for ~d~-~i~-~ Strlkc Through is for deletion Ordinance #96-009a Page 7 Final PRINT DATE: 5/14/96 OR BOOK 1018 PAGE 1389 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (c) Supplemental procedure for the destruction and removal of abandoned property in or on public waters. 11\ ..... proper , ....... lakes, rivers, is a ~* thirty (30) days otherw sc of Coun ........ s~c.qcrs ................. (2) addition to posting such certified mail If, followinq the issuance of an order bv the Code Enforcement board or other appropriate ad~udicatinc authority at thc end of ~- (i0)~ ~ ...... ,~ ,~,_, ~ ~ ....... ~~-"~._~ the owner or any person interested in the abandoned article or articles described in any such order notice article or articles from the freshwater lake, river, stream or tidal or coastal water or shown reasonable cause for failure to do so, the Enforcement Officer may Double ~n~rl-fn~-ig for ~d[-~i~-~ Strlkc Through is for deletion Ordinance #96-009a Page 8 Final PRINT DATE: 5/14/96 OR BOOK 1018 ~ _GE 1390 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (3) cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the Board of County Commissioners to be applied against the cost or removal and destruction thereof, unless the costs of removal and destruction are paid by the owner as provided in subsection 1-9-18(3) in which case the salvage value may be deposited in the general fund of St. Lucie County, Florida. The owner of any abandoned motor vehicle or boat who, after order by the Code Enforcement board or other appropriate adjudicatinq authority ~+~ ......... ~^4 ~ thi .... ~ does not remove the vehicle or boat within the specified period shall be liable to the Board of County Commissioners for all costs of destruction and removal of such property, less any salvage value received by the Board. Upon such removal and destruction, an Enforcement Officer shall notify the owner of the amount owed and the penalty provision of this subsection. In the case of an abandoned boat, any person who neglects or refuses to pay such amount shall not be entitled to be issued a certificate of registration for any other boat until such costs have been paid. The Code Enforcement Administrator shall supply the Department of Environmental Protection Natural Resources with a list of persons whose boat registration privileges have been revoked under this subsection. In the case of an abandoned motor vehicle, any person who neglects or refuses to pay such amount shall be subject to a fine of one hundred and 0/100 dollars ($!00.00). Double Un~ri-~ng-i~ for ~-~d~-~i~-~ Strlka Through is for deletion O~dinance #96-009a Page 9 Final PRINT DATE: 5/14/96 OR BOOK 1018 ~GE 1391 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ............ ~v~ ~, and the suppn .... *~] lowed. Pm, y ....... ggr'~-~A by - A^~~ of "-x'~ "" ..... 'ty ~ ~ ...... ~ ~~ ~ .... ~ the article ~ .... ~cct ~ ~ shall ~ be ....... ~ ......... ~ ...... , ............. hue of .... or=, a .... ~"~ .... ~ ~" indioatin~ ,,,hnehn~ ehn artiol .............. ~=~ ~. =~ violation of th~ ~l I .... 2 PART D. AMENDMENT OF SECTION 1-9-19 (SAME - IN OR ON PRIVAT] PROPERTY) OF ARTICLE II (ABANDONED PROPERTY, GARBAGE TRASH, JUNK AND DEBRIS) OF CHAPTER 1-9 (GARBAGE, TRAS] AND REFUSE) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Section 1-9-19 of Article II of Chapter 1-9 of the Code of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to Double Un~rFin~-is for ~-ad~-~i~-~ Strzka Through is for deletion Ordinance ~96-009a Page 10 Final PRINT DATE: 5/14/96 OR BOOK 1018 ~AGE 1392 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 read as follows: Section 1-9-19. Same - In or on private property. (a) No person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned, or accumulated any abandoned property, garbage, trash, junk~ or debris on private property in the unincorporated areas of the county unless such abandoned property, not including any qarbaqe, trash, junk, or debris is stored in an enclosed structure or at an authorized junk or auto wrecking yard. No parson shall .......... ~ b" th ~ ba j k d b ~ ~ ..... z c Gar ae, trash un ~ ....... or e rio shall be disposed of at a solid waste disposal facility which (b) (c) is operated, maintained or approved by the board Upon actual notice of a violation of paragraph (a) of this section, the owner, lessee, and tenant of the involved property, and any person, other than the owner, lessee or tenant of the involved property, violating this section with regard to the involved property shall be responsible for abating such violation within a reasonable time, and after such time shall be jointly and severally liable for such continuation of such violation. The existence of any garbage, trash, junk, debris, or abandoned property in or on any private property in the unincorporated areas of the county containing evidence of ownership of the same shall be prima facie evidence of intent to violate and of violation of paragraph {a) of this section by the person whose name appears on the such material. Double ~n~-~rFin~-i~ for add~-{i~-~ Strlkc Through is for deletion Ordinance #96-009a Page 11 Final PRINT DATE: 5/14/96 OR BOOK 1018 PAGE 1393 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (2) of location) is impropcrly stcrcd and is in violation of (setting forth crdinancc violated) and must bc rcmovcd shall be presumed to bc abandoncd prcpcrty and ;:ill bc property is a motor vehicle or boat, thc owner ;:ill bc (10) inches and shall bc ~"'~'~'~'~v .... ~-~' ...... ~: ~-~ If, following the issuance of an order by the Code Enforcement board or other appropriate ad~udicatina authority at thc and ~ ..... ~ ..... ~ ...... ~ ~~, the any person ~: ...... ~ ...... ~ ~ .... ~ owner or interested in the abandoned article or articles described in any such order notice has not removed the article or articles and complied with the ~ ...... ~ ~ ~^ ~ice order, the Enforcement Officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the County to be applied against the cost of removal and destruction thereof, unless the costs of removal and destruction thereof are paid by the owner as provided in Section 1-9-19 (3), in which case the salvage value may be Double ~n~r~-fn~-i~-f~ ~d~i~ £tril[c Through is for deletion Ordinance ~96-009a Page 12 Final PRINT DATE: 5/14/96 OR BOOK 1018 PAGE 1394 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (3) deposited in the general fund of St. Lucie County, Florida. The owner of any abandoned motor vehicle or boat who, after order bv the Code Enforcement board or other appropriate ad4udicatinq authority --~ ......... ~ ~ ~ .... does not remove the vehicle or boat within the specified period shall be liable to the County for all costs of removal and destruction of such property, less any salvage value received by the County. Upon such removal and destruction, a Enforcement Officer shall notify the owner of the amount owed and the penalty provision of this subsection. In the case of an abandoned boat, any person who neglects or refuses to pay such amount shall not be entitled to be issued a certificate of registration for any other boat until such costs have been paid. The Code Enforcement Administrator shall supply the Department of Environmental Protection ~c$ourccs with a list of persons whose boat registration privileges have been revoked under this subsection. In the case of an abandoned motor vehicle, any person who neglects or refuses to pay such amount shall be subject to a fine of one hundred and 0/100 dollars ($100.00). appeal pcr ..... ~ Double ~n~ri-fn~-i~ for addi-~i~-~ Strzkc Thrcugh is for deletion Ordinance #96-009a Page 13 Final PRINT DATE: 5/14/96 OR BOOK 3.03.8 PAGE 1395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (5) .....= ~ record and ......................................... propo shall be ¢~ll Any Enforcement Officer or any person authorized by the Enforcement Officer shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section. ******************************** PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie 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 C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall Double ~n~-~ri-~n~-i~ for ~-~d~-{i~-~ Strlkc Through is for deletien Ordinance #96-009a Page 14 Final PRINT DATE: 5/14/96 - OR BOOK 1018 P~'~E 1396 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinanace shall take effect upon adoption.. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes .AYE Vice-Chairman Gary Charles, Jr. AYE Commissioner Denny Green AYE Commissioner Ken Sattler AYE Commissioner Havert Fenn AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the Double ~n~-~ri-fn~-i~ for ~-~d[-~i~-~ Stri~[c Through is for deletion Ordinance #96-009a Page 15 Final PRINT DATE: 5/14/96 OR BOOK 1018 AGE 1397 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B th[ough H shall not be codified. ~ $ PASSED AND DULY ENACTEDthis 14th day of May, 1996. ATTEST: PUTY CLERK O&RD comq g ' o zsszo ST. LUCIE COUNT~"~:L~ /" . 400 BY: APPRO~VED AS TO FOR~ ,,¢~tD CO /t FCT_NESS:// / or96-009a (contractors) Double ~n~ri~n~-i~ for addl-~i~-~ Stri:~a T~rcugh is for deletion Ordinance #96-009a Page 16 Final PRINT DATE: 5/14/96 JoAnne Holman, Clerk of the Circuit Court - St. Lucie County File Number: 1492973 OR BOOK 1030 PAGE 2664 Recorded: 08-16-96 11:10 A.M. 1 2 3 5 6 7 8 9 10 11 12 13 14 3-15 17 ~8 2O 22 ~. 23 25 ~ 27 D 28 ~30 32 33 3S 36 ~7 38 3~ 40 ~3 ORDINANCE NO. 96-010 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 DEFINITIONS (BOARD OF COUNTY COMMISSIONERS, CUMULATIVE IMPACT, DER, DESTROY, FLAG LOT, HEIGHT, MANGROVE STAND, OWNER, PARTICIPANT, RIPENESS DECISION, SPECIAL MASTER PROCEEDING, PNEUMATOPHORES, UNTRIMMED MANGROVE, WALL MURAL); BY AMENDING SECTION 3.01.03 (T) (2) (r), ADDING VOCATIONAL SCHOOLS; BY AMENDING SECTION 3.01.03 (T) (2) (v), BY ADDING SINGLE FAMILY DETACHED DWELLING UNITS - SUBJECT TO CERTAIN RESTRICTIONS; BY PROVIDING FOR THE CREATION OF SECTION 4.02.00, RIVER PARK COMMUNITY OVERLAY ZONE; CREATING NEW SECTIONS 4.02.01, PURPOSE AND INTENT; CREATING NEW SECTION 4.02.02, RIVER PARK COMMUNITY OVERLAY ZONE ESTABLISHED; BY CREATING SECTION 4.02.03, LIMITATIONS ON REZONING APPLICATIONS; BY CREATING SECTION 4.02.04, PERFORMANCE STANDARDS; BY CREATING SECTION 4.02.05, USE LIMITATIONS; BY AMENDING SECTION 6.00.05(A) (2), VEGETATION PROTECTION, CRITERIA FOR ISSUANCE; BY AMENDING SECTION 6.01.00, MANGROVE PROTECTION BY DELETING EXISTING SECTIONS 6.01.01 THROUGH 6.01.12 AND ADDING NEW SECTION 6.01.01, REFERENCE TO STATE REGULATION; BY AMENDING SECTION 7.01.03(D), PLANNED UNIT DEVELOPMENT, PUBLIC FACILITIES, BY ADDING ADDITIONAL STANDARDS REGARDING FIRE PROTECTION; BY AMENDING SECTION 7.01.03(E), PLANNED UNIT DEVELOPMENT, TRAFFIC AND PEDESTRIAN CIRCULATION, BY ADDINGADDITIONAL DESIGN STANDARDS FOR ROADWAYS AND TRAFFIC ACCESS AREAS; BY AMENDING SECTION 7.02.03(C), PLANNED NONRESIDENTIAL DEVELOPMENT, PUBLIC FACILITIES, BY ADDING ADDITIONAL STANDARDS REGARDING FIRE PROTECTION; BY AMENDING SECTION 7.02.03(D), PLANNED NONRESIDENTIAL DEVELOPMENT, TRAFFIC AND PEDESTRIAN CIRCULATION, BY ADDING ADDITIONAL DESIGN STANDARDS FOR ROADWAYS AND TRAFFIC ACCESS AREAS; BY AMENDING SECTION 7.03.03(D), PLANNED MIXED USE DEVELOPMENT, PUBLIC FACILITIES, BY ADDING ADDITIONAL STANDARDS REGARDING FIRE PROTECTION; BYAMENDING SECTION 7.03.03(E) (2), PLANNED MIXED USE DEVELOPMENT, TRAFFIC AND PEDESTRIAN CIRCULATION, BY ADDING ADDITIONAL DESIGN STANDARDS FOR ROADWAYS AND TRAFFIC ACCESS AREAS; BY AMENDING SECTION 7.05.02(A) (2), TRANSPORTATION SYSTEMS - STREETS, GENERALLY, BY PROVIDING ADDITIONAL CLARIFYING LANGUAGE ABOUT STREET MEASUREMENTS AND LOCATIONS; BY AMENDING SECTION 7.09.03 (C) (2) (i), LANDSCAPING AND Double Underline is for addition str!~=c T~rcu~ is for deletion Ordinance #96-010a Page 1 Draft #1 PRINT DATE: 3/01/96 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SCREENING, GENERAL PROVISIONS, BY ADDING NEW GENERAL REGULATIONS GOVERNING THE LOCATION OF TREES THAT MIGHT INTERFERE WITH OVERHEAD POWER LINES.BYAMENDING SECTION 7.10.16(Q), RECREATIONAL VEHICLE PARKS, PERMITTED SPECIFIC USES ANDADDITIONS BY CLARIFYING THE SEPARATION OF UNITS, BUILDING CODE REQUIREMENTS AND CLARIFYING THE METHOD OF CALCULATING BUILDING HEIGHT; BY AMENDING SECTION 9.04.00(J) DELETING SPECIAL EVENT SIGNANDADDING WALL MURALS; BY AMENDING SECTION 11.00.03(A) CONTENT OF NOTICE, PUBLICATION, PUBLIC INSPECTION, MAIL, AND POSTING OF NOTICE TO REFLECT CHANGES REQUIRED UNDER STATE LAW; BY AMENDING SECTION 11.02.07(D), STANDARDS FOR SITE PLAN REVIEW, BY ADDING CLARIFYING LANGUAGE FOR THE ST. LUCIE COUNTY-FT. PIERCE FIRE PREVENTION BUREAU; BY AMENDING SECTION 11.02.009, SUBMITTALS FOR MINOR AND MAJOR SITE PLAN REVIEW, BY ADDING ADDITIONAL FIRE PROTECTION STANDARDS AND DESIGN REQUIREMENTS; BY AMENDING SECTION 11.02.10(B), SUBMITTALS FOR PLANNED DEVELOPMENT SiTE PLANS, FINAL SITE PLANS FOR PLANNED DEVELOPMENTS, BY ADDING ADDITIONAL FIRE PROTECTION STANDARDS AND DESIGN REQUIREMENTS; BY AMENDING SECTION 11.03.01, PROCEDURE FOR PLATTING, PLATTING REQUIREMENTS, BY ADDING PARAGRAPH (D) REQUIREMENTS FOR GEODETIC CONTROL AND BY ADDING PARAGRAPH (E) REQUIREMENTS FOR DIGITAL PLAT SUBMISSIONS; BY DELETING SECTION 11.05.04, MANGROVE ALTERATION PERMITS; BY DELETING SECTION 11.05.05, PERMITS FOR SELECTIVE TRIMMING OR PRUNING OF MANGROVES; BY AMENDING SECTION 11.05.06, VEGETATION REMOVAL PERMITS BY GENERALLY REVISING THE SUBMISSION REQUIREMENTS 'AND PROCEDURES FOR A VEGETATION REMOVAL PERMIT; BY AMENDING SECTION 11.06.06AMENDMENTTO THE CODE ANDOFFICIAL ZONING ATLAS, ACTION BY THE COUNTY COMMISSION, TO REFLECT CHANGES REQUIRED UNDER STATE LAW; BY AMENDING SECTION 11.07.05(C), CONDITIONAL USES, APPLICATION PROCEDURES, HEARING ANDACTION BY PLANNING AND ZONING COMMISSION AND SECTION 11.07.05(D), CONDITIONAL USES, APPLICATION PROCEDURES, HEARING AND ACTION BY BOARD OF COUNTY COMMISSIONERS TO PROVIDE FOR GREATER DEFINITION IN THE TIME PERIODS ON WHICH PETITIONS ARE TO BE SCHEDULED AND DECISIONS RENDERED; BY AMENDING SECTION 11.13.00, ENFORCEMENT OF CODE PROVISIONS TO CLARIFY THE RESPONSIBILITIES FOR CODES ENFORCEMENT BY THE ENVIRONMENTAL CONTROL HEARING BOARD; BY AMENDING SECTION 11.13.03(F) TO PROVIDING CLARIFYING LANGUAGE ON THE PRESENTATION OF CODE ENFORCEMENT CASES; BY AMENDING SECTION 11.13.03(J) AMOUNT OF FINES, TO PROVIDE FOR THE Double Underline is for addition strike Tnrcu~n is for deletion Ordinance #96-010a Page 2 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ABILITY TO ASSESS A FINE FOR IRREPARABLE OR IRREVERSIBLE CODE VIOLATIONS; BY AMENDING SECTION 11.13.03(L) TO PROVIDE FOR CLARIFICATION ON THE PROCEDURES FOR LIENING AND FORECLOSING ON CODE ENFORCEMENT LIENS; BY CREATING CHAPTER 11.14.00, LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION - SPECIAL MASTER REVIEW PROCESS; BY CREATING SECTION 11.14.01, GENERALLY; BY CREATING SECTION 11.14.02, INTENT; BY CREATING SECTION 11.14.03, STANDARDS OF CONDUCT FOR PARTIES AND PARTICIPANTS; BY CREATING SECTION 11.14.04, PRE-INITIATION MEETING; BY CREATING SECTION 11.14.05, INITIATION OF SPECIAL MASTER PROCEEDING; BY CREATING SECTION 11.14.06, SPECIAL MASTER; BY CREATING SECTION 11.14.07, CONDUCT OF THE SPECIALMASTER PROCEEDING; BY CREATING SECTION 11.14.08, SPECIAL MASTER RECOMMENDATION; BY CREATING SECTION 11.14.09, RESPONSE TO SPECIAL MASTER'S RECOMMENDATION; BY CREATING SECTION 11.14.10, RIPENESS DECISION, BY CREATING SECTION 11.14.11, MISCELLANEOUS PROVISIONS; BY AMENDING SECTION 12.06.01, OFFICE OF THE COMMUNITY DEVELOPMENT DIRECTOR, JURISDICTION, AUTHORITY ANDDUTIES, BY PROVIDING CLARIFYING LANGUAGE ON THE BUILDING OFFICIAL; BY AMENDING SECTION 13.00.01(A) BUILDING CODE TO ADOPT THE 1994 STANDARD BUILDING CODE; BY AMENDING SECTION 13.00.01(B) CLARIFYING THE SUPPLEMENTAL PROCEDURES ASSOCIATED WITH THE MOVING OF STRUCTURES AND THE WIND LOAD RESISTANCE FOR GARAGE DOORS AND SIMILAR STRUCTURAL COMPONENTS; BY AMENDING SECTION 13.00.02 COASTAL BUILDING CODE TO PROVIDE FOR CLARIFYING CHANGES ASSOCIATED WITH THE 1994 STANDARD BUILDING CODE; BY AMENDING SECTION 13.01.00, ENERGY EFFICIENCY BUILDING CODE, BY ADOPTING THE 1993 FLORIDA MODEL ENERGY EFFICIENCY BUILDING CODE; BY AMENDING SECTION 13.02.00, MECHANICAL CODE, BY ADOPTING THE 1994 STANDARD MECHANICAL CODE; BY AMENDING SECTION 13.03.00, PLUMBING CODE, BY ADOPTING THE 1994 STANDARD PLUMBING CODE; BY ADDING SECTION 13.03.02, AMENDMENTS; BY AMENDING SECTION 13.05.00 BY ADOPTING THE 1994 STANDARD FIRE CODE; BY AMENDING SECTION 13,06.00 ACCESSIBILITY BY HANDICAPPED PERSONS BY ADOPTING THE FLORIDA ACCESSIBILITY CODE FOR BUILDING CONSTRUCTION AS ADOPTED BY THE STATE OF FLORIDA; BY AMENDING SECTION 13.07.00, GAS CODE BY ADOPTING THE 1994 STANDARD GAS CODE; BY AMENDING SECTION 13.08.00 BY ADOPTING THE 1994 STANDARD HOUSING CODE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE 0 0 Double Underline is for addition £tr!~c T~rcu--~ is for deletion Ordinance #96-010a Page 3 Draft #1 PRINT DATE: 3/01/96 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DATE; PROVIDING CODIFICATION. FOR ADOPTION AND PROVIDING FOR WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. o The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 February 16, 1993 93-03 - February 16, 1993 93-05 May 25, 1993 93-06 - May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 o On May 16, 1996, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 15 days prior to the hearing and recommended that the proposed ordinance be approved. On July 16, 1996 this Board held its first public hearing, on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on July 8, 1996. o On August 6, 1996, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on July 29, 1996. o The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. 0 0 Double Underline is for addition Err!kc T~rcug~ is for deletion Ordinance #96-010a Page 4 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER II DEFINITIONS 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. BOARD OF COUNTY COMMISSIONERS: The St. Lucie County Board of County Commissioners. Unless otherwise stated in the text of this Code, the term "Board" shall also mean the St. Lucie County Board of County Commissioners. ~ DEP: Protection. The Florida Department of Environmental ~ .... ~-- FLAG LOT: A Flag Lot is any residential or commercial division of property that is shaped in the general configuration depicted in Figure 2 8 ~^~ .... ~ ........ ~ No more than two Flag Lots shal__l be contiguous to each other and in nc casa shall the depth of the~- staff shall not exceed five {5) times the minimum road frontage requirement for the zoning district in which the flag lot is located, except that a one time division of a residential or Double Underline is for addition Err!Mc T~rcug~ is for deletion Ordinance #96-010a Page 5 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 aqriculturally zoned parcel or lot of record as of the effective date of this Code, that exceeds the maximum flaq staff depth restriction shall be approved provided that the lot split criteria of Section 11.03.04 and all other applicable provisions of this Code are met. FIGURE 2.8 FLAG LOTS ~EIG~T: The vertical distance between the minimum finished grade and the highest finished main roof surface in the case of flat roofs or shed roofs, the deck line of a mansard roof and the averaqe distance between the eaves and the ridqe of sloped roof with a pitch qreater than a 4:12 ratio ~ a pcint ~ ~ ......... ~-~ ~-^ ~ '~ 1/2) foot For the purpose of this code, minimum finished grade shall be that elevation, for both residential and nonresidential uses, required to meet minimum flood protection regulations. OWNER: For the purposes of Section 11.14.00, the term "owner" shall mean a person with a leqal or equitable interest in real property who filed an application for a development permit for any parcel land at the state, reqional, or local level and who received a final development order (includinq the rezoninq of a specific parcel), or who holds leqal title to real property that is subject to an enforcement action of a qovernmental entity. 0 Double Underline is for addition str=~c T~rcu~ is for deletion Ordinance #96-010a Page 6 Draft ~1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 FIGURE 2.11 BUILDING HEIGHT EXAMPLES BUILDING MINIMUM FINISHEO GtMDE PARTICIPANT: For the purposes of Section 11.14.00, the term "participant" shall mean: A person holdinq title to land contiquous to the owner's property, who has been accepted by the Special Master as a participant in the proceedinq; or A substantially affected person who submitted oral or written testimony, sworn or unsworn, of a substantive nature which stated with particularity support for or objections to the development order or enforcement action in a prior proceedinq, includinq a public hearinq, and who has been accepted by the Special Master as a participant in the proceedinq. Double Underline is for addition str~:c T~rcu-~ is for deletion Ordinance #96-010a Page 7 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RIPENESS DECISION: For the purposes of Section 11.14.00, the term "ripeness decision" shall mean an available use decision which describes as specifically as possible the use or uses available to the subject real property. SPECIAL MASTER PROCEEDING: means any combination of facilitation sessions, formal or informal hearinqs, of a public nature authorized under Section 11.14.00 of this Code. ......... WALL MURAL: A wall mural shall mean any picture or qraphic desiqn painted on or otherwise applied to the exterior of a buildinq or structure or to the surface of window. A wall mural may include advertisinq or other commercial sloqans or statements to the extent that the advertisinq or commercial sloqan does not violate the wall siqn requirements of the zoninq district in which the mural is locate______d. CHAPTER III ZONING DISTRICTS 3.00.00 ZONING DISTRICTS 3.01.03 ZONING DISTRICTS T~ IL INDUSTRIAL, LIGHT 2. Permitted Uses PARAGRAPHS A THROUGH Q -- NO CHANGE Vocational Schools (824I Wholesale trade - durable goods: (1) (2) (3) (4) (5) (6) (7) (8) Motor vehicle and automotive equipment. (501) Furniture and home furnishings. (502) Lumber and other building materials. (503) Professional & commercial equipment/supplies. (504) Metals & minerals except petroleum. (505) Electrical goods. (506) Hardware, plumbing and heating equipment, and supplies. (507) Machinery, equipment, and supplies. (505) 0 0 Double Underline is for addition Etr!~=c Through is for deletion Ordinance #96-010a Page 8 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (9) Misc. durable goods: (a) Sporting and recreational goods (5091) (b) Toys & hobby goods (5092) (c) Jewelry, watches, precious stones & metals. (5094) (d) Durable goods NEC (5099) Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies (5191) (b) Books, periodicals & newspapers (5192) (c) Flowers, nursery stock & florists' supplies (5193) (d) Tobacco/tobacco products (5194) (e) Paints, varnishes & supplies (5198) (f) Nondurable goods, NEC (5199) Mobile food vendors (999) Sinqle family detached dwellinq units Drovided that the sinqle family dwellinq unit is located on an existinq lot or parcel or record, as further defined in this code, that was existinq on or before Auqust 1, 1990. (999) SPECIAL DISTRICTS 4.02.00 RIVER PARK- COMMUNITY OVERLAY ZONE 4.01.01 PURPOSE and INTENT It is the purpose and intent of this section to recoqniz~ chanqinq conditions alonq Prima Vista Boulevard, in the River Park Subdivision, between South US #1 (SR 5) and Arioso Boulevard and to establish supplemental performance standards of review by which to evaluate all applications for chanqe in zoninq to nonresidential use which may be filed for parcels in the River Park subdivision area as further described in this $ o Section. This section is intended to provide for a loqical and orderly transition from residential to nonresidential zoninq where 0 0 Double Underline is for addition ~is for deletion Ordinance #96-010a Page 9 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 appropriate, and to protect those parcels residential from the impacts of the development. which remain nonresidential Nothinq in this section is intended to superceed the minimum standards of review for any amendment to the Official Zoninq Atlas of St. Lucie County as set forth in Section 11.06.03 of this Code. 4.02.02 RIVER PARK COMMUNITY OVERLAY ZONE ESTABLIS~RD ao The River Park Community Overlay Zone shall consist of ali those parcels of land lyinq in the followinq subdivisions as recorded in the official land records of St. Lucie County, Florida, and which share a common property line with the riqht-of-way for Prima Vista Boulevard and/or and are contiquous to a parcel of land that shares a common property line with the riqht-of-way for Prima Vista Boulevard: RIVER PARK - UNIT 3 10 8_____0 RIVER PARK - UNIT 4 11 9 RIVER PARK - UNIT 5 11 31 RIVER PARK - UNIT 6 1--2 26 RIVER PARK - UNIT 10 14 29 SUBDIV. OF PART OF TRACT E, RIVER PARK UNIT 3 1.~2 2~22 Fiqure 4-8 qenerally depicts the limits of the above described overlay zone. $~ The River Park Community Overlay Zone, created in Part A above, shall be divided into two subzones, qenerally described as follows: 1.) Intersection Zone The Intersection Zone(s) followinq locations: shall be centered at the a.) Prima Vista Boulevard and South US #1 0 0 Double Underline is for addition strz~n T~rcu--~ is for deletion Ordinance #96-010a Page 10 Draft #1 PRINT DATE: 3/01/96 1 2 Double Underline is for addition Str~':c T.~.rcu~.~. is for deletion Ordinance #96-010a Page 11 Draft #1 PRINT DATE: 3/01/96 1 insert figure 4-8 0 0 Double Underline is for addition ctr!~c T~rcu-~ is for deletion Ordinance ~96-010a Page 12 Draft #1 PRINT DATE: 3/01/96 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4.02 .____9o3 b.) c.) Prima Vista Boulevard and Floresta Drive Prima Vista Boulevard and Arioso Drive The Intersection Zone shall consist of those properties which share a common property line with the riqht-of-way for Prima Vista Boulevard and/or are contiquous to a parcel of land, under the common ownership or control of the same person, party or interest qroup, that shares a common property line with the riqht-of-way for Prima Vista Boulevard. In no instance shall an Intersection Zone extend more than 500 feet (approximately five platted lots) from the center of any of the intersections identified above. 2.) Mid-Block Zone The Mid-Block Zone(s) shall consist of those properties which share a common property line with the riqht-of-way for Prima Vista Boulevard and/or are contiquous to a parcel of land, under the common ownership or control of the same person, party or interest qroup, that shares ~ common property line with the riqht-of-way for Prima Vista Boulevard. LIMITATIONS ON REZONING APPLICATIONS Ail applications for chanqe in zoninq in the River Park Community Overlay Zone shall be consistent with the followinq Table. PUD & PNRD (CO R ON uses only except as specified Comprehensive Plan in 4.02.05) Amendment to Commercial (COM} required for any PMUD (residential and CO & CN uses only except as change to a nonresidential specified in 4.02.05} zonin~ category, including I, RF and PNRD Double Underline is for addition str~c T~rcu-~ is for deletion Ordinance ~96-010a Page 13 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4.02~04 PERFORMANCE STANDARDS The followinq performance standards shall be maintained for approval of any planned development or site plan within the River Park Community Overlay Zone. To the extent that these River Park Community Overlay standards are more restrictive than another provision of this code, the stricter of the two standards shall A. Buildinq Heiqht: Maximum heiqht for any structure shall be 25 feet. B. Minimum Parcel Size: No chanqe in zoninq to a non-residential zoninq desiqnation shall be qranted for any parcel of less than 20,000 square feet (approximately two lots as shown on the recorded plats for the River Park s/d). C. Access Manaqement: In addition to the minimum standards setforth in Section o 7.05.06 of this code, standards shall apply: the followinq driveway locations Number of Driveway Connections - No more than one driveway per street frontaqe under common ownership shall be permitted. 2.) Distance from Intersections - The nearest edqe of any driveway shall be located no closer than 150 feet from the centerline of any perpendicular intersectinq street. Pedestrian Access: 1.} Ail site plans and planned developments approved for commercial uses within the River Park Community Overlay Zone shall provide for pedestrian access directly from the streetside sidewalk to the commercial use without crossinq the parkinq areas. Offstreet Parkinq and Loadinq: Offstreet parkinq and loadinq shall meet the minimum requirements of Section 7.06.00 of this Code. Double Underline is for addition ....... Tnrcu-n is for deletion Ordinance #96-010a Page 14 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Fo Bufferinq and Landscapinq: 1.) Bufferinq and landscapinq shall meet the minimum requirements of Section 7.09.00 of this Code. Liqhtinq: 1.) All site liqhtinq shall be installed so that no off site areas are directly illuminated. Siqns: 1.) Siqns for all uses within the River Park Community Overlay Zone shall conform to the requirements of Section 9.01.01(E), (Neiqhborhood Commercial) of this Code. 4.02.05 USE LIMITATIONS The followinq uses shall be specifically prohibited, reqardless of zoninq classification, within the River Park Community Overlay Zone. A. B. C_____. Eatinq and drinkinq places Gasoline and other fuel sales and services Drive-In Facilities CHAPTER VI RESOURCE PROTECTION STANDARDS 6.00.00 VEGETATION PROTECTION AND PRESERVATION 6.00.05 CRITERIA GOVERNING ISSUANCE OF PERMIT A__=. CRITERIA FOR ISSUANCE The Community Development Director shall issue a Vegetation Removal Permit only if a completed application is accompanied by sufficient evidence demonstrating that at least one of the following criteria has been satisfied: 0 0 Double Underline is for addition str~::~ T~rcu~ is for deletion Ordinance #96-010a Page 15 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 o o Removal or alteration of protected vegetation is necessary in order to implement a Final Development Order. A Final Development Order has not been issued, or is not required by this Code for the intended non-agricultural use of the land and, so The proposed removal or alteration of protected vegetation is not to be performed pursuant to the operation of a tree farm, commercial nursery, agricultural operation, ranch or similar operation; and, bo The proposed removal or alteration of protected vegetation is the minimum necessary to allow for the construction of the intended use or improvement; and, C o The applicant has provided the Community Development Director a survey of the property outlininq the areas of proposed veqetation removal or alteration includinq the location of all trees as outlined in Section 11.05.06(2) (A) (4). The applicant has provided the Community Development Director a written plan to control erosion which may be expected to occur as a result of the proposed vegetation alteration or removal. The erosion control plan must be approved by the Community Development Director prior to the commencement of any vegetation removal or alteration. All provisions of the plan shall be incorporated as express conditions of any permit issued under this paragraph. The protected vegetation is located within an existing or proposed right-of-way, utility easement, drainage easement or stormwater management tract or facility. The protected vegetation is located where it creates or will create a safety or health hazard, or a nuisance with Double Underline is for addition Etrl~:c T~rcu-~ is for deletion Ordinance #96-010a Page 16 Draft #1 PRINT DATE: 3/01/96 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 respect to existing or proposed structures or vehicle or pedestrian routes. PARAGRAPHS B THROUGH E -- NO CHANGE 6.01.00 MANGROVE PROTECTION 6. 01.01 ~.,*~.,. REFERENCE TO STATE REGULATION AND AUTHORITY Sections 403.9321 - 403.9333, Florida Statues recognize the value that mangroves have on the natural function of the ecosystem throughout the State of Florida and the economic impact that a healthy mangrove system has on the sports and commercial fishing industries of the State. The Florida Department of Environmental Protection has been delegated by the Florida Legislature the statewide responsibility for the protection of the mangrove forest system, with specific allowances for limited trimming and alteration to be conducted by professional mangrove trimmers without the need for prior permit authorizations. Any person seeking to alter or trim mangroves in the unincorporated parts of St. Lucie County may do so only incompliance with the provisions of Chapter 403.9321-403.9333, Florida Statutes, as may be amended from time to time. Any person seeking to alter or trim mangroves in the unincorporated parts of St. Lucie County must contact the Florida Department of Environmental Protection for permitting requirements. Local delegation of mangrove regulation has not been requested by St. Lucie County. ~. 01.02 ::~.~';AO~?.h"r. COOP~DI:;ATION 0 0 O0 0 Double Underline is for addition Str=~[c T~rcu~n is for deletion Ordinance #96-010a Page 17 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Co "1 pcrmzts ~ ........ ~ ~ for .......... involving mangroves 4~ 2tatc j ............... ~-- ~ watcrs 0 0 Double Underline is for addition str!~cc T~rcu~ is for deletion Ordinance #96-010a Page 18 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ccc ~ a ,g, mcnthu Double Underline is for addition StrzMc T~rmug~ is for deletion Ordinance #96-010a Page 19 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0 0 Double Underline is for addition Strz~:c T~rcu-n is for deletion Ordinance #96-010a Page 20 Draft ~1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 E o Double Underline is for addition str'_:-.c T.~.rcu~.~ is for deletion Ordinance %96-010a Page 21 Draft %1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ..... Dc'~'c icpment C o T ~t~ . fo Jo T Double Underline is for addition gtr:]:c T~rcug~ is for deletion Ordinance #96-010a Page 22 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CC. Ci3. r~. 4-~* ...... ~ ^~ property that C o 0 0 Double Underline is for addition Strl~=c T~rcu~ is for deletion Ordinance #96-010a Pa~e 23 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ~.01.09 ~ ..... arca or non ............................ f ~.~ prcpcrty. B o 6.01.10 ST~-~ARD~ FOR PU3LIC ~CILITI~ Double Underline is for addition StrzMc T~rcu--~ is for deletion Ordinance #96-010a Page 24 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 iN ~ 2 lost . Double Underline is for addition StrzMc Tnrcug~ is for deletion Ordinance #96-010a Page 25 Draft #1 PRINT DATE: 3/01/96 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Double Underline is for addition Etrl]=c T~rcugn is for deletion Ordinance #96-010a Page 26 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 do ic22 than ....................... IIci~ht 1 0 Double Underline is for addition Str2~:c T2rpugk is for deletion Ordinance #96-010a Page 27 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 bo Double Underline is for addition Str!::c T~rcu~ is for deletion Ordinance $96-010a Page 28 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 at ~ a ,,~ ,4 .,..- cf ) Double Underline is for addition .......... rcug., is for deletion Ordinance ~96-010a Page 29 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 t';;c (2) Double Underline is for addition gtrzkc TnrPu~ is for deletion Ordinance ~96-010a Page 30 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Co E o C o TT T Lo ............ ~ '-'~- ~' ....... ~ ................... ~ mcnthu ..... year. any ycar. Double Underline is for addition Etr=::: Tnrcu~n is for deletion Ordinance #96-010a Page 31 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.03 STANDARDS AND REQUIREMENTS Do PARAGRAPHS A THROUGH C -- NO CHANGE PUBLIC FACILITIES o o o The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eiqht (8") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). Fire hydrants shall be provided at a minimum spacinq of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION Double Underline is for addition Str!nc Tnrcu~ is for deletion Ordinance #96-010a Page 32 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o 10. PARAGRAPHS I THROUGH 5-- NO CHANGE Ail roads and streets shall intersect at an approximate +5° anqle of ninety deqrees (90©) unless circumstances acceptable to St. Lucie County indicate a need for a lesser anqle of intersection. Street joqs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. Permanent dead-end streets shall not exceed one thousand feet (1000) in lenqth. Cul-de-sacs shall be provided at the end of all dead end roads or streets qreater than five hundred and one (501) feet in lenqth. The lenqth of a dead-end street shall be measured alonq the centerline of the street from the its point of perpendicular intersection with the centerline of intersectinq street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum riqht-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in lenqth, a "Y" or "T" type of turn around may be If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with qrass and landscapinq that will not interfere with siqht distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved throuqh the review of the Planned Unit Development. Ail roadways, exclusive of interior parkinq and access aisles areas, reqardless of ownership, shall be located a minimum of ten (10) feet from any exterior buildinq walls, except for security qate houses or similar Double Underline is for addition Stri::: T~rcugn is for deletion Ordinance #96-010a Page 33 Draft ~1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 security structures located in a private street or road riqht-of-way. 611. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. 212. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. 7.02.00 PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.03 STANDARDS AND REQUIREMENTS PARAGRAPHS A THROUGH C -- NO CHANGE C. PUBLIC FACILITIES The Planned Non-Residential Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan. o The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. o The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eiqht (8") inches. Actual water main requirements will be determined by the St. Lucie 0 0 Double Underline is for addition Err!Mc T~rcu--~ is for deletion Ordinance ~96-010a Page 34 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Do o County-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). Fire hydrants shall be provided at a minimum spacinq of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. TRAFFIC AND PEDESTRIAN CIRCULATION o o o PARAGRAPHS I THROUGH 5-- NO CHANGE Ail roads and streets shall intersect at an approximate +5° anqle of ninety deqrees (90©) unless circumstance~ acceptable to St. Lucie County indicate a need for a lesser anqle of intersection. Street joqs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. Permanent dead-end streets shall not exceed one thousand feet (1000) in lenqth. Cul-de-sacs shall be provided at the end of all dead end roads or streets qreater than five hundred and one (501) feet in lenqth. The lenqth of a dead-end street shall be measured alonq the centerline of the street from the its point of perpendicular intersection with the centerline of intersectinq street. to the end of the dead-end street or roadway. Ali cul-de-sacs shall have a minimum riqht-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in lenqth, a "Y" or "T" type of turn around may be approved. If a dead end street is temporary in nature then Double Underline is for addition Str!~ T~rcu-~ is for deletion Ordinance #96-010a Page 35 Draft ~1 PRINT DATE: 3/01/96 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with qrass and landscapinq that will not interfere with siqht distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved throuqh the review of the Planned Unit Development. 10. Ail roadways, exclusive of interior parkinq smd access aisles areas, reqardless of ownership, shall be located a minimum of ten (10) feet from any exterior buildinq walls, except for security qate houses or similar security structures located in a private street or road riqht-of-wa¥. 61____1. Access points on all collector or arterial streets serving a Planned Non-Residential Development shall be located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. 7.03.00 PLANNED MIXED USE DEVELOPMENT 7.03.03 STANDARDS AND REQUIREMENTS PARAGRAPHS A THROUGH C -- NO CHANGE PUBLIC FACILITIES In order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan, the Planned Mixed Use Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. o The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the Double Underline is for addition Stri:~c T.~rcu~.~ is for deletion Ordinance ~96-010a Page 36 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 St. Lucie County-Ft. Pierce Fire Prevention Bureau. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eiqht (8") inches. Actual water main requirements will be determined by the St. Luci~ County-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). Fire hydrants shall be provided at a minimum spacinq of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. TRAFFIC AND PEDESTRIAN CIRCULATION PARAGRAPH 1 -- NO CHANGE Roadway Design Crlteria - The following criteria shall be used in planning for traffic circulation. ko m____. PARAGRAPHS A THROUGH I-- NO CHANGE Ail roads and streets shall intersect at an approximate +5° anqle of ninety deqrees (90©) unless circumstances acceptable to St. Lucie County indicate a need for a lesser anqle of intersection. Street joqs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. Permanent dead-end streets shall not exceed one thousand feet (1000) in lenqth. Cul-de-sacs shall be provided at the end of all dead end roads or streets qreater than five hundred and one (501) feet in lenqth. The lenqth of 0 0 Double Underline is for addition Strl~ Tnrcu~n is for deletion Ordinance #96-010a Page 37 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a dead-end street shall be measured alonq the centerlin¢~ of the street from the its point of perpendicular intersection with the centerline of intersectinq street to the end of the dead-end street or roadway. Ali cul-de-sacs shall have a minimum riqht-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in lenqth, a "Y" or "T" type of turn around may bn approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. no In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with qrass and landscapinq that will not interfere with siqht distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved throuqh the review of the Planned Unit Development. Ail roadways, exclusive of interior parkinq and access aisles areas, reqardless of ownership, shall be located a minimum of ten (10) feet from any exterior buildinq walls, except for security qate houses or similar security structures located in a private street or road riqht-of-way. Any pedestrian circulation system and its related walkways shall be separated from the vehicular street system. This may include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. PARAGRAPHS F THROUGH M -- NO CHANGE 7.05.00 TRANSPORTATION SYSTEMS 7.05.02 STREETS 0 Double Underline is for addition str!~c T~rcu-~ is for deletion Ordinance #96-010a Page 38 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A. GENERALLY PARAGRAPHS i THROUGH 8 -- NO CHANGE o Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets. The lenqth of a dead-end street shall be measured alonq the centerline of the street from the its point of perpendicular intersection with the centerline of intersectinq street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100~ feet. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet. PARAGRAPHS 10 THROUGH 14 -- NO CHANGE 15. Ail roadways, exclusive of interior parkinq and access aisles areas, reqardless of ownership, shall be located a minimum of ten (10} feet from any exterior buildinq wall, except for security qate houses or similar security structures located in a private street or road riqht-of- way. 7.09.00 7.09.03 LANDSCAPING AND SCREENING GENERAL PROVISIONS PARAGRAPHS A THROUGH B -- NO CHANGE 0 0 0 Double Underline is for addition ctr!~c T~rcu--~ is for deletion Ordinance #96-010a Page 39 Draft #1 PRINT DATE: 3/01/96 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Co PLANT MATERIALS 1. (No Changes) 2. Trees so Trees shall be species having an average mature spread of crown of greater than fifteen (15) feet in St. Lucie County and have trunks that can be maintained in a clean condition. bo Palm trees may be clustered into groups of three (3) to achieve this minimum fifteen (15) foot crown. Three palm trees are equal to one shade tree having a mature spread of fifteen (15) feet. C · Tree species shall be a minimum of ten (10) feet in height and have a caliper of two one and one-half (2 1/2) inches at four and one-half (4 1/2) feet above the ground when installed. do Ail required trees shall have a minimum of five (5) feet of clear trunk and a minimum five (5) foot canopy spread at time of planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public roads or works, unless the tree root system is completely contained with a barrier for which the minimum dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with number six (6) road mesh (6x6x6) or equivalent. f o None of the following trees will be used to meet the requirements of this section: Melaleuca leucadendra (Punk Tree), Schinus terebinthefolius (Brazilian Pepper), and Casuarina spp. (Australian Pine) Cupianopsis anacardiodes (Carrotwood), Dalbergiasissoo (Rosewood), and non-native fruit trees such as orange and grapefruit trees. Fifty (50) percent of the required trees shall be species other than palm trees. Double Underline is for addition str~c T~rcu-~ is for deletion Ordinance #96-010a Page 40 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ho When more than ten (10) trees are required to be planted to meet the requirements of this Code, a mix of species shall be provided. The minimum number of species to be planted are indicated in Table 7.30. When a mix of species is required, no single species shall exceed a 2 to 1 ratio relative to all other individual species. TABLE 7.30 Required Number Of Trees 11-20 Minimum Number Of Species 2 21-30 3 31-40 4 41+ 5 At least 50% of the planted trees shall consist of native species such as Live Oaks (Quercus virginiana), Laurel Oaks (Quercus laurifola), slash pine (Pinus elliotti), or other species listed in Section 7.09.06(C) (2) (d), Native and Drought- Tolerant Vegetation. Trees with a maximum mature heiqht qreat enouqh to interfere with overhead power lines shall not be planted in any utility riqht-of-way that has existinq overhead utility lines. All trees with a mature heiqht qreat enouqh to interfere with overhead power lines shall be located outside of any utility riqht-of-way a sufficient distance to avoid future conflicts with the power lines. Palm trees with a maximum mature heiqht qreat enouqh to interfere with overhead power lines shall not bn planted below overhead power lines and shall ba located a minimum of two and one half (2 1/2) feet, plus the averaqe mature frond lenqth, outside of any utility riqht-of-way. The Community Development Director, in consultation with Florida Power and Liqht Company, shall maintain a list trees typically found in the South Florida area that at mature qrowth heiqhts can reasonably be expected to interfere with overhead power lines. Double Underline is for addition Erratic T~rcu~ is for deletion Ordinance #96-010a Draft #1 Page 41 PRINT DATE: 3/01/96 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PARAGRAPHS 3 THROUGH 9 -- NO CHANGE 7.10.00 SUPPLEMENTAL STANDARDS 7.10.16 RECREATIONAL VEHICLE PARKS O. PERMITTED SPECIFIC USES AND ADDITIONS Any Recreational Vehicle Park, occupying more than ten (10) acres, unless located on North or South Hutchinson Island where there shall be no minimum acreage requirement other than that set out in Section 7.10.15(C), is permitted to have installed, erected, constructed or otherwise placed on site Recreational Vehicles, Travel Trailers, Detached Single Family Residences, Class A Mobile Homes and additions thereto, including wood decks, screen rooms, patios and like accessory facilities subject to the following requirements: a. 1. The following minimum yard requirements shall be maintained: in all recreational vehicle parks existing on or before August 1, 1990. (a) front yard (b) side yard (c) side yard corner - ten (10) feet * eight (8) feet unobstructed on the left side and zero (0) feet on the riqht side when facinq the lot from the center of the main street frontaqe. In the absence of recorded lot lines, a minimum eiqht ( 8 ) feet unobstructed between adjacent units shall be re~c~ ~ired. eiqht (8) foot left side and five (5) foot riqht side when facinq the lot from the center of the main stree_~t front__q~ (includes all properties adjacent to common use 0 0 0 Double Underline is for addition utri~:= T~rcu-n is for deletion Ordinance #96-010a Page 42 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 o In the absence rded lot lines, s minimum eiqht (8) feet unobstructed between use area required. (e~=) rear yard five (5) feet. common * Note: The front yard setback for special situation lots shall be five feet. Special situation lots include those lots in which the longest property dimension is found along the street frontage. For lots with double street frontage, the front yard shall be identified on the approved site plan of the particular Recreational Vehicle Park, which shall be kept on file with the Community Development Department. The front yard for a block of double frontage shall be consistent the length of that block. Double frontage lots are not eligible for special situation consideration or designation. Any deviation or change to the front yard designation that does not include the adjustment of the entire block shall only be approved by the Board of Adjustment in accordance with Section 10.01.00. In all recreational vehicle parks created after August 1, 1990, including the expansion of any existing recreational vehicle park. (a) front yard (b) side yard side yard corner (c) twenty (20) feet ten (10) feet units left side and zero (0) feet on the riqht side when facinq the lot from the center of the main street frontaqe. In the absence of recorded lot lines, a minimum ten (10) feet unobstructed between adjacent units shall be required.; and ten (10) foot left side and eiqht (8) foot riqht side when facinq the lot from center of the main Double Underline is for addition strL.~c T.trcug~ is for deletion Ordinance ~96-010a Page 43 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 bo C · (~) rear yard street frontaqe (includes all properties adjacent to common us~ areas). In the absence of recorded lot lines, a minimum ten (10) feet unobstructed between ad- common use re( ten NO portion, other than a maximum twelve (12) inch unsupported roof overhang, including appendages to the roof, of the Recreational Vehicle, Travel Trailer, Detached Single Family Residence, or addition, including but not limited to wooden decks, bay windows, tipouts or awnings, may encroach into any required setback or separation area. Steps or ramps for access purposes may be erected, but may not encroach into any required side setback. Steps or ramps may encroach into the front or rear setbacks, if necessary provided that the steps or ramps do not occupy more than ten percent (10) of the required front or rear yard unless otherwise approved by the St. Lucie County Board of Adjustment in accordance with Section 10.01.00. Steps or ramps which encroach into front or rear setbacks may not have a landing with dimensions in excess of four (4) feet by four (4) feet where such landing encroaches into the required front or rear setback. The elevation of a wood deck shall not exceed the elevation of the floor of the recreational vehicle or travel trailer. The design of the wooden deck may include provision for use of the underlying space as a storage area. However, this space shall not be used for the storage of combustible materials nor for the storage or placement of flammable liquids, gases, or liquid or gas fuel-powered equipment. For the purpose of this section, ~he maximum height of any onsite construction or the ~ 0 Double Underline is for addition Ctrz:%c T~rcug~ is for deletion Ordinance #96-010a Page 44 Draft ~1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 do installation of any Recreational Vehicles, Travel Trailer, Detached Single Family Residence, Class A Mobile Home an~ includinq additions_ thereto, shall not exceed~~~-~ '~,~, twenty-two (22) feet above finished grade or minimum flood elevation, whichever is hiqher. The maximum heiqht of any structure shall be determined at the hiqhest point. of the roof. In the case of multiple roof lines, the maximum heiqht of any structure shall be determined at the hiqhest point of the hiqhest roof structure or system. To the extent that the method of determininq maximum buildinq heiqht as described in this paraqraph conflicts with any other provision of this Code, the terms of this paraqraph shall apply. Fiqures 7.34a and 7.34b illustrate a typical wall section example that is to be used in determininq the maximum heiqht of all buildinqs. Notwithstandinq the other provisions of this Code, new construction or substantial improvement of any residential structure in any recreational vehicle park shall meet the followinq standards: In those instances where the lowest structural member of the first habitable floor is located less than five (5) feet above finished qrade, the outside perimeter walls may include solid wall construction from the finished qrade to the top of the minimum base flood elevation. Any solid wall construction below the minimum base flood elevation shall fully conform to the applicable flood protection standards, ae set forth in this code. In those instances where the lowest structural member of the first habitable floor is located five (5) feet, or more, above finished qrade, the outside perimeter walls may not includ~ any solid foundation, perimeter or interior walls at, or below, the minimum base flood elevation for the area in which the new construction or improvement is takinq place. Exterior or perimeter lattice works may be affixed to the outside walls below flood Double Underline is for addition £tr~c T~rcu-~ is for deletion Ordinance #96-010a Page 45 Draft ~1 PRINT DATE: 3/01/96 __.~- ~,~- ,.,. z o .:x: ~,...~ I.LI .--,I ~ ~,::m'" z ILl ,,, ._~ C~_ i_.. I'-- ~-~o~ 1.- .i- ,r.~ ~- (S~ Z I'~z -----~-~:o 000~ Z.~wO ~ I~ I~ C) (.3 a_w Z.-~ ~n~ r~ ~Z ~ o,_>o~- I._ ,~:: I.-- Z LU -r- X__ 1- ~<~o ~Oo~O ~°~ ~ZW__ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 e o plain, provided that the lattice openinqs are a minimum of 12" x 12" wide with a maximum separation of 4" The construction of any detached sinqle family residence or any addition to any detached sinqle family residence, recreational vehicles, travel trailer, or Class A Mobile Home shall have a one (1) hour fire resistive ratinq, in accordance with ASTMEll9, for all exterior walls, and side lot walls shall not exceed ten percent (10%) wall openinqs. Ail onsite construction must meet the applicable Flood Damage Prevention regulations, Section 6.05.00, and the Standard Building Code, Section 13.00.00, requirements of this Code. Ail new or replacement Recreational Vehicles, Travel Trailers, Single Family Residences, Class A Mobile Home and additions thereto are required to have a permit from the Community Development Director prior to any placement or construction activity commencing. Plans for Single Family Residences, and additions including wood decks shall be submitted to the Community Development Director for approval. Where required under Section 13.00.02(c) (3), all plans must carry the seal of a registered Florida architect or engineer and must be accompanied by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code requirements. Preapproved Master Plans may be utilized. Construction of an enclosure around a propane gas tank or other combustible prohibited. Double Underline is for addition Strz~c T~rcu3n is for deletion Ordinance #96-010a Page 48 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 CHAPTER IX SIGNS 9.04.00 PERMIT EXEMPTIONS The following types of signs shall not be required to have a sign permit: A. Residential nameplates. o Co Political signs providing they are removed within seven (7) days following the election to which they refer. Credit card signs, decals or emblems. D. Memorial signs or tablets. Public convenience signs, communicating the location of restrooms, public telephones, or the like. F o Public utility signs, identifying the location underground lines, high voltage areas, or the like. of Public warning signs, indicating the trespassing, swimming, animals, or the like. dangers of Ho Flags, emblems, or insignias of the United States, State of Florida, or St. Lucie County, and one (1) corporate or institutional flag per establishment or common development site. Seasonal displays or decorations not advertising a product, service, or establishment. Wall Murals, provided that the wall mural is located in a commercial or industrial zoninq district, does not contain any advertisinq beyond which would otherwise permitted under the commercial wall siqn standards and does not otherwise violate any of the provisions of Section 9.03.00 of this code. A wall mural may be illuminated. A wall mural that does not include any advertisinq does not have to be installed by a locally reqistered siqn or paintinq contractor. If the wall mural Double Underline is for addition Strz~c Tnrmug~ is for deletion Ordinance #96-010a Page 49 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Ko Lo No contains any form of advertisinq, then the mural may only installed or applied to the wall surface by a locally reqistered siqn contractor. Garage sale signs providing they are removed by sunset of the last day of the sale. Non-illuminated religious emblems. Non-illuminated building identification signs which are under three (3) square feet in sign area on buildings which are located at least three hundred (300) feet from a public right- of-way. Ten (10) or fewer flags, not including flags of the United States, State of Florida, or St. Lucie County, per parcel or common development site. Such flags shall not be placed less than thirty (30) feet apart. Any flags, in excess of ten (10) per parcel or common development site may be erected on a temporary basis upon the issuance of a permit in accordance with Section 9.01.02(C). CHAPTER Xl ADMINISTRATION AND ENFORCEMENT 11.00.00 GENERALLY 11.00.03 NOTICE Notice of all public hearings which are required by a provision of this Code shall be given as follows, unless expressly stated otherwise: A. CONTENT OF NOTICE Every required notice shall include: the date, time, and place of the hearing or appeal; a description of the substance of the subject matter that will be discussed at the hearing or appeal; a legal description of the properties directly affected including the street address when available; a 0 0 H 0 0 Double Underline is for addition Strz~:c T~rcu~~ is for deletion Ordinance #96-010a Page 50 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Bo statement of the body conducting the hearing; the title of the proposed ordinance or resolution to be considered (if applicable) and the place or places in the Co~nt¥ where such ordinance or resolutions may be inspected by the public; a brief statement of what action the body conducting the hearing is authorized to take; a statement that interested parties may appear at the public hearinq and be heard with respect to th~. proposed action; and a statement that the hearing may be continued from time to time as may be necessary...v~~*~'--- ~-~ PUBLICATION Publication of the notice shall be as follows: 1. General: Except as provided in paragraph 2 and 3 below, notice of all public hearings of amendments to the Official Zoning Atlas, applications for Planned Developments, applications for conditional use approval, applications for major adjustment to a conditional use, applications for variances, applications requesting a Class A Mobile Home be defined as a detached single family dwelling unit, and appeals from a decision, order, requirement, or determination of an administrative officer of the County shall be properly advertised in a newspaper of general circulation in St. Lucie County not more than thirty (30) days nor less than fiftccn (15) ten (10) days before the date of the hearing, ^~-~'-~ o,,~ ...... ~ ~ o Amendments to the Official Zoning Atlas which affect fivc ,~,~=~ pcrcant ten (10) contiquous acres or more of the total land area in the unincorporated area of the County that are initiated by the County: Any proposed amendment to the Official Zoning Atlas which has been initiated by the ~card of County Ccmmissicncrs Double Underline is for addition Etr!~c T~rcug~ is for deletion Ordinance #96-010a Page 51 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 -- ~- ~--~ .... and affects ~"- '=~ ...... ~ ten (10) contiquous acres or more of the total land area of the unincorporated area of the County shall require publication of notice as follows. Two (2) advertised public hearings shall be held by the Board of County Commissioners. ~v~..~^~ ~.~.~~~- At least one hearinq shall be held after 5 p.m. on a weekday, unless the Board of County Commissioners, by a majority plus one vote, elects to conduct that hearinq at another time of day. Publication of notice for the first public hearing shall occur approximately seven (7) days before the day that the first public hearing is held. The second hearing shall be held at least ten (10) days '~,~, ..... ..~-- after the first hearing and public notice shall occur ~ ....... ........... ~ .... ~--~ at least five (5) days prior to the public hearing. ~ ~-- ~ .... ~ ~ ~^ ~ ...... ~ ~~ The required advertisements shall be no less than two columns wide by ten inches lonq ........ ~ ...... in a standard size or a tabloid size newspaper of general circulation in St. Lucie County, and the headline in the advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be in substantially the followinq form: NOTICE OF (INSERT TYPE OF) CHANGE The St. Lucie County Board of County Commissioners proposes to adopt the followinq by ordinance (or resolution) ...(insert title of ordinance or resolution)... A public hearinq on the ordinance (or resolution) will be held on ...(date and time).., at ... (meetinq place)... The advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed amendment to the Official Zoning Atlas. The map shall include major street names as a mean of identification. Amendment to the Text of This Code: 0 0 Double Underline is for addition str~kc T~rcu--~ is for deletion Ordinance #96-010a Page 52 Draft #1 PRINT DATE: 3/01/96 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Any amendment to the text of this Code shall require public hearing and publication of notice as follows: The Board of County Commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. P. otk kcarings At least one hearinq shall be held after 5 p.m. on a weekday, unless the Board of County Commissioners, by a majority vote plus one, elects to conduct that hearinq at another time of day. and %The first public hearinq shall be held ....... ~l.. -- ~-~,~- ............ .~ at leas~~t 7 days after the day that the first advertisement is published. The second hearing shall be held ....... -'-~.^l.. ~ ..... ~-~' at least ten (10) days after the first hearing and shall be advertised apprcximatcly a__~t least 5 days prior to the public hearing ~m- ~-- *~'-- ~ _l .... ~ "'~" ~ th ...... ~ ~'"~ ': ~ hearing ---~' ~ 1 bc hold The required advertisements shall be no less than ~..~ ........ ~-~- ...... ~-~ two columns wide by ten inches lonq in a standard size or a tabloid size newspaper of general circulation in St. Lucie County, and the headline in the advertisement shall be in a type no smaller than eiqhteen (18) point. The advertisement shall not be placed in that portion of the newspaper where leqal notices and classified advertisements appear. The advertisement shall be in substantially the followinq form: NOTICE OF (INSERT TYPE OF) CHANGE The St. Lucie County Board of County Commissioners proposes to adopt the followinq by ordinance (or resolution) ...(insert title of ordinance or resolution)... A public hearinq on the ordinance (or resolution) will be held on ...(date and time).., at ... (meetinq place)... Double Underline is for addition £tr~]:c T~rcu~n is for deletion Ordinance #96-010a Pa~e 53 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOT!CE OF Ee-TAgL!-eH.M..ENT OR CHANG--. OF A PUBLIC INSPECTION A copy of all thc notice~ of public hearin~ shall be available in the Department of Community Development and the Office of the Clerk of the Court during regular business hours. MAIL Mailin~ notice to specific real property owners shall be as follows: Amendments and Applications That Affect Less than Tivc (5)~~ ~ ~,,~*~-~ Ten (10) contiquous acres: So In addition to publication requirements in Section ll.00.03(B), in the case of a public hearing regarding an amendment to the Official Zoning Atlas that applies to less than ~--~ '=~ ........ = ~ land ten (10) contiquous acres in the unincorporated area of the County, applications for Planned Developments, applications for conditional use approval, applications for variances, and applications requesting a Class A Mobile Home be 0 0 ,J Double Underline is for addition str:nc T~rcu--~ is for deletion Ordinance #96-010a Pa~e 54 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 defined as a detached single-family dwelling unit, notice shall also be provided by the Community Development Director by mail to all property owners who own real property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll, and to all property owners who own real property within five hundred (500) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls. Notification shall be mailed not more than thirty (30) days nor less than ~~..~ .... '~=~,~, ten (10) days before the date of the hearing. In the case of amendments to the Official Zoning Atlas which have been initiated by the Board of County Commissioners or its designee and affect less than ~--^ ~=~ ...... ~ ~ ~^ ~^~ (10) .... ,~, ~ .................. ten contiquous acres of land area in the unincorporated area of the County, notice shall also be provided by the Community Development Director by mail to each real property owner whose land is the subject of the proposed amendment and whose address is known by reference to the latest approved ad valorem tax roll. Such notice shall be mailed at least thirty (30) days before the date of the hearing. Amendments That Affect Fivc Contiquous Acres or More of Land Ten (10) An amendment to the Official Zoning Atlas or an amendment to the text of this Code that affects ~--^ ~=~ ....... ten (10) contiquous acres or more of the land in the County's jurisdiction does not require notice by mail. POSTING OF NOTICE After an application has been filed for an amendment to the Official Zoning Atlas, for a Planned Development, for conditional use approval, for a major adjustment to a conditional use, for a variance or requesting a Class A Mobile Home to be defined as a detached single-family dwelling unit, the Community Development Director shall cause the postinq of post a sign or signs on the property Double Underline is for addition str%~sc T.trcug.t is for deletion Ordinance #96-010a Page 55 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o concerned. The sign or signs shall not be less than ten (10) square feet in size and located where, in the judgment of the Director, the sign or signs would be in the most conspicuous place to the passing public. Each sign shall contain the following information: a. Present zoning and requested rezoning class- ification, if applicable; b. Conditional use information, if applicable; C · Class A Mobile Home information, if applicable; Variance information, if applicable; and e. Dates of scheduled hearings. The sign or signs shall be posted not less than fiftccn (15) ten (10) days prior to the public hearing. The Director will only be responsible for erection of the sign or signs. The Community Development Director shall alsc provide a signed affidavit stating that the notice was posted at the initiation of the advertising period. Failure to maintain a conspicuous notice on the property shall not affect any change or amendment of said Code. 11.02.00 PROCEDURE FOR REVIEW OF SITE PLANS 11.02.07 STANDARDS FOR SITE PLAN REVIEW PARAGRAPHS A THROUGH C -- NO CHANGE ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County - Fort Pierce Uirc Prcvcnticn Durcau Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide Double Underline is for addition Stri~=c T~rcugn is for deletion Ordinance #96-010a Page 56 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 adequate fire protection. PARAGRAPHS E THROUGH F -- NO CHANGE 11.02.09 SUBMITTALS FOR MINOR AND MAJOR SITE PLANS A. MINOR AND MAJOR SITE PLAN REQUIREMENTS o PARAGRAPHS I THROUGH 2 -- NO CHANGE Proposed Development Activity and Design Ail site detail sheets shall be submitted on a sheet size twenty-four (24) by thirty-six (36) inches and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals, unless otherwise approved in writing by the Community Development Director during the pre-application conference. For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a o c o The location of the property by lot number, block number, and street address, if any. The boundary lines of the property, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights-of-way. The location and dimensions, including height, of all buildings and structures. This shall include types of uses, and density per type of structure and the type of construction as indicated in Table 600 of the Standard Buildinq Code, 1994 ed. The identification of the maximum bUildable area of each lot or parcel within the proposed development, based upon the minimum building setbacks of the particular zoning district in which the development is located. ,4 0 Double Underline is for addition Etri~=c T~rcu~ is for deletion Ordinance #96-010a Page 57 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 e o f o go The location and dimension of parking and loading areas. Fire Lanes shall be required for all buildinqs that are set back more than one hundred and fifty (150) feet from any roadway (public or private) or any structure more than thirty feet (30) in heiqht, which is setback fifty feet (50) or more feet from any roadway. Variations to this requirement may only be approved by the St. Lucie County - Fort Pierce Fire Bureau of Fire Prevention. Ail fire lanes shall be a minimum of twenty (20) feet in width and shall be located a minimum of ten (10) feet from any exterior buildinq wall. Ail fire lanes shall be appropriately marked and shall be posted as no parkinq areas. Dead end fire lanes exceedinq three hundred (300) feet or more shall be provided with a cul-de-sac, to the requirements of the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The location of water disposal and water supply facilities. The site plan shall indicate the size and location of all water distribution lines, (existinq and proposed) and shall identify the location of all fire hydrants (existinq and proposed) on the proposed development site and within one thousand (1000) feet of the proposed development site. The locations of existing (site plans and subdivisions) and proposed (subdivision only) easements for utility systems, including sewage facilities and water supply facilities, electric, gas, and telephone lines. The location of all drainage retention areas and major drainage improvements. The location and configuration of all public and private roadways for a distance of one hundred fifty (150) feet from all project access points. Double Underline is for addition stratum T~rcug~ is for deletion Ordinance #96-010a Page 58 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 j o ko mo Oo q° ro The location of the existing and proposed circulation system of arterial and collector streets and any other transportation improvements. The location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites, rights of way and other public uses. The pedestrian circulation system, including its interrelationship with the vehicular circulation system. Proposed landscaping, including the types, location, and quantity of all plants or materials, and the location of fences or screen plantings. The location, size, and arrangement of all existing or proposed signs or lighting. Boundaries depicting applicable. construction phases, if The approximate location and dimension of all proposed lots and all yard requirements, if applicable. The location and dimension all paved areas within .... i ,,v, one hundred (100) feet of the outside property boundaries· The location, dimension and type of construction of all buildinqs or structures within one hundred (100) feet of the outside property boundaries. A transportation impact report in accordance with the requirements of Section 11.02.09(A) (4), if applicable. An environmental impact report in accordance with the requirements of Section 11.02.09(A) (5), if applicable. A location map, which shall delineate the project boundaries on the St. Lucie County Tax Assessment Maps. ........... ~e-~n~r~n~-i~- f~ ~d~i~n ........... ~ is for deletion Ordinance #96-010a Page 59 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A driveway location which shall show the location of all driveways, public streets and private drives within six hundred and sixty (660) feet of the development, along any private or public street that will serve the project. Any other information deemed necessary by the Community Development Director for the reasonable review of the proposed development. 11.02.10 SUBMITTALS FOR PLANNED DEVELOPMENT SITE PLANS B. FINAL SITE PLAN FOR PLANNED DEVELOPMENTS o PARAGRAPHS i THROUGH 3 -- NO CHANGE Final Development Activity and Design Detail sheets which shall be submitted on a sheet size twenty-four (24) by thirty-six (36) inches and at a scale no smaller than one (1) inch equals fifty (50) feet, all dimensions in decimals. For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: a o bo c o The location of the property by lot number, block number, and street address, if any. The boundary lines of the property, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights-of-way. The location and dimensions, including height, of all buildings and structures, except single family detached. This shall include types of uses, and density per type of structure and the type of construction as indicated in Table 600 of the Standard Buildinq Code, 1994 ed. d. The identification of the maximum buildable area of Double Underline is for addition ~ is for deletion Ordinance #96-010a Page 60 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 e o f o go ho each lot or parcel within the proposed development, based upon the minimum building setbacks as identified in the Preliminary Planned Unit Development submittals. The location and dimension of all parking and loading areas. Fire Lanes shall be required for all buildinqs that are set back more than one hundred and fifty (150) feet from any roadway (public or private) or any structure more than thirty (30) feet in heiqht, which is setback fifty (50) feet or more feet from any roadway. Variations to this requirement may only be approved by the St. Lucie County - Fort Pierce Fire Bureau of Fire Prevention. Ail fire lanes shall be a minimum of twenty (20) feet in width and shall be located a minimum of ten (10) feet from any exterior buildinq wall. Ail fire lanes shall be appropriately marked and shall be posted as no parkinq areas. Dead end fire lanes exceedinq three hundred (300) feet or more shall be provided with a cul-de-sac, to the requirements of the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The location of water disposal and water supply facilities. The site plan shall indicate the siz~ and location of all water distribution lines, (existinq and proposed) and shall identify the location of all fire hydrants (existinq and proDosed) on the proposed development site and within one thousand (1000) feet of the proposed development site. The locations of existing (site plans and subdivisions) and proposed (subdivision only) easements for utility systems, including sewage facilities and water supply facilities, electric, gas, and telephone lines. The location of all drainage retention areas and major drainage improvements. Double Underline is for addition Strz~a Tnrmug~ is for deletion Ordinance #96-010a Page 61 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 j o ko mo no Oo The location and configuration of all public and private roadways for a distance of one hundred fifty (150) feet from all project access points. The location of the existing and proposed circulation system of arterial and collector streets and any other transportation improvements associated with the Planned Development Site Plan. The location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites, rights of way and other public uses. The pedestrian circulation system, including its interrelationship with the vehicular circulation system. The location, size, and arrangement of all existing or proposed signs or lighting. BoUndaries depicting applicable. construction phases, if The location and dimension all paved areas within fifty (50) one hundred (100) feet of the outside property boundaries. The location, dimension and type of construction of all buildinqs or structures within one hundred (100) feet of the outside property boundaries. 11.03.00 PROCEDURE FOR PLATTING 11.03.01 PLATTING REQUIREMENTS PARAGRAPHS A THROUGH C -- NO CHANGE D. REQUIREMENTS FOR GEODETIC CONTROL A minimum of two boundary monuments for all plats shall be tied by a closed field traverse to the nearest approved St. Lucie County Double Underline is for addition ............ ug.. is for deletion Ordinance #96-010a Page 62 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Geodetic Control Station and Azimuth Mark, or to other control points established by a Global Positioninq System (GPS), or any St. Lucie County Traverse Stations, or any horizontal Control Stations: which are listed with the National Geodetic Survey. Field traverse from the Plat Boundary to the control stations shall meet the minimum closure standards specified within Chapter 61G17-6, Florida Administrative Code. Copies of all field notes of the qeodetic tie in and traverse closure shall be submitted with all preliminary plat submittals. E__=. REQUIREMENTS FOR DIGITAL PLAT SUBMISSIONS Prior to the recordinq of any final plat consistinq of 10 or more lots, a CAD file in a DWG or DXF format shall be provided to St. Lucie County shoWinq all final plat survey data. The purpose oF this CAD file is to facilitate direct updates to the County'~ Geoqraphic Information System (GIS). The coordinate position~ within this file should be rotated and translated to North American Datum of 1983/adjustment of 1990 (NAD 83/90), State Plane Coordinates, Florida East Zone. Conversion of qround distance to qrid distance will not be required. Proposed plats of less than 10 lots shall not be required to submit. a diqital copy of the final record plat, except that wherc~ available, the submission of this material is encouraqed. 11.05.00 PROCEDURE FOR OBTAINING DEVELOPMENT PERMITS prcpcr apply Double Underline is for addition Strz~c T~rcu-~ is for deletion Ordinance #96-010a Page 63 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o 0 W 0 Double Underline is for addition Str!~[c T~roug~ is for deletion Ordinance #96-010a Page 64 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o Co Double Underline is for addition £trl~:c Tkrcugh is for deletion Ordinance ~96-010a Draft #1 Page 65 PRINT DATE: 3/01/96 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Z o and this Sccticn. 0 0 Double Underline is for addition str:k: T~rcu-~ is for deletion Ordinance #96-010a Pa~e 66 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 .............. ~ ................ prcpcscd ao 1 o W 0 Double Underline is for addition Strif:c T~rcug~ is for deletion Ordinance #96-010a Draft #1 Page 67 PRINT DATE: 3/01/96 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0 W 0 W Double Underline is for addition Strl~:= T~rcug~ is for deletion Ordinance #96-010a Page 68 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 11.05.06 VEGETATION REMOVAL PER~ITS A. GENERAL PERMIT REQUIRED No person shall remove or alter protected vegetation from or on any lot or parcel of land in the unincorporated area of St. Lucie County without first obtaining a Vegetation Removal Permit from the Community Development Director, unless exempt under Section 6.00.04 of this Code. Any person desiring a Vegetation Removal Permit shall make written application to the Community Development Director using forms provided by the Director. o Unless exempt under Section 6.00.04 of this Code, a Preliminary Vegetation Removal ~-~ ....... t ~ shall be required with all site plans submitted in accordance with Section 11.02.00. A preliminary veqetation removal plan shall be in substantial conformity with the requirements of this Section, and Section 6.00.00 of this Code. A preliminary veqetation removal plan does not result in an authorization to commence any veqetation removal or alteration. A preliminary veqetation removal plan is intended to qenerally identify the existinq veqetative communities on the proposed development site. Prior to the commencement of any veqetation removal or alteration activities a formal Veqetation Removal permit iN B. APPLICATION REQUIREMENTS The application form shall be accurately completed, signed by the land owner or his agent and notarized. If the application is submitted by an agent, it shall include a notarized statement clearly indicating that the land owner has delegated full authority to the agent to apply for the permit and that the owner accepts any special conditions which may be imposed by the Community Development Director pursuant to this Code. Double Underline is for addition Str~c T~rcu~ is for deletion Ordinance #96-010a Page 69 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 o o Each application for a Vegetation Removal Permit shall be accompanied by a vc~ctaticn invcntcry wkick skc'~:--~: a. Vegetation inventory which shows: The approximate location, extent and general type of all vegetation on the subject lot or parcel of land, including common or scientific names of the major groups of vegetation; Ail protected vegetation proposed for either removal or preservation; The proposed buildings, structures, driveways, and other improvements drawn to scale; and The individual locations of all County- protected trees, having the following minimum diameter (DBH) or greater, within all areas of proposed improvement and within twenty (20) feet of all proposed improvement areas. For the purposes of this requirement, improvement areas shall include all subdivision lot lines and maximum buildable areas, as identified in Section 11.02.10 (A) (3) (d). Type of Tree Minimum Diameter Slash Pine & Palm Trees 16" Oaks (all species) and other 12" County Protected Trees (except as noted herein) Tropical/Subtropical Species 8" The Community Development Director may require that the application include such additional information necessary for adequate administration of this Section. m~__~,,~ ,~'~ Two (2) copies of accompanying documents shall Community Development Director. the application and be submitted to the The completed application shall be accompanied by an Double Underline is for addition strz::c Tkrcu~ is for deletion Ordinance ~96-010a Page 70 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Co o application review fee established in accordance with Section 11.12.00 of this Code. Additionally, Payment of applicable permit and inspection fees, established in accordance with Section 11.12.00 of this Code, shall be required prior to issuance of the Notice of Intent as described Section 11.05.06(D) of this Code. The filing of an application shall be deemed to extend permission to the Community Development Director to inspect the subject site for purposes of evaluating the application. REVIEW OF APPLICATIONS FOR VEGETATION REMOVAL PERMITS o The Community Development Director shall review each Class B Veqetation Removal Permit Application and render a determination of completeness within two (2) working days of submission. If the application is determined incomplete, it shall be returned to the applicant with an identification of the areas in which a deficiency exists. Any application determined to be incomplete must be returned to the Community Development Director within thirty (30) days of the date of notification of incompleteness. Any application not returned within that time shall be subject to the payment of a new application Double Underline is for addition ~ is for deletion Ordinance #96-010a Draft #1 Page 71 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 fee . Within twenty (20) days after an application has been determined to be complete, the Community Development Director shall review the application and approve, approve with conditions or deny the application, based on the standards set forth in Section 6.00.05 of this Code. If no decision is issued within thirty (30) days from the initial date of submission of the application, the application shall be deemed to have been approved in accordance with the information provided in the application. PROCEDURES FOR ISSUANCE OF VEGETATION REMOVAL PERMITS Fol icwzng ....................... ~c~ ....... areas on ~ ........ ~ ~c;'clopmcnt ~ite to ~- the t~-~ and ~-~~ ~ forth q~ thc ~*~ ~f 0 0 Double Underline is for addition Strz~:= T~rcu-~ is for deletion Ordinance #96-010a Page 72 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 c.~ The Community Development Director shall conduct an inspection of the proposed development site and upon determination of compliance with the t~ ~ ~ -~4-~ ............ revisions of Section 6.00 00 of this code, shall issue a Vegetation Removal Permit. No Vegetation Permit shall be issued until the Community Development Director has verified compliance with the provisions of Section 6.00.00 of this code ~cticc of Intcnt. The ~ Vegetation Removal Permit may be issued on site. Once issued, a Vegetation Removal Permit must be prominently displayed upon the subject site. TERM OF VEGETATION REMOVAL PERMITS ~ Vegetation Removal Permite issued with a Final Development Order pursuant to a ~l~s- ~ ~~4-~^- shall be valid for the term of the Final Development Order and Double Underline is for addition Str:~c TnrcuD~ is for deletion Ordinance #96-010a Page 73 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 shall be renewed, as necessary, with the site development plan. o Vegetation Removal Permits issued without a Final Development Order ......... ~ to a ~l~s~ TM ~~~ ~ .............. ~ ......... shall remain valid for a term of six (6) months and may be renewed for a second six (6) month period. A request for renewal must be made in writing to the Community Development Director prior to the expiration of the permit. If the Community Development Director determines that site conditions have changed substantially from the date of issuance of the initial permit as a result of natural growth of trees and vegetation, or high winds, hurricane, tornado, flooding, fire, or other act of nature, the Director may require reapplication and full review. The determination of the Community Development Director regarding the necessity for reapplication and review shall be made within ten (10) working days of receipt of a written request for renewal. If such a determination is not made within that period of time, the permit shall be automatically renewed. Unless renewed as provided above, a Vegetation Removal Permit shall expire and become void if the work authorized by the permit is not commenced within six (6) months after the date of the permit. Unless renewed as provided above, a Vegetation Removal Permit shall expire and become void if authorized removal work, once commenced, is suspended, discontinued, or abandoned for a period equal to or greater than six (6) months. If a Vegetation Removal Permit expires or becomes void after work has commenced, a new permit must be obtained before work is resumed. Any new application for a Veqetation Removal Permit must comply with all applicable standards in effect that the time of reapplication. VIOLATIONS If the Community Development Director determines that any land development activity violates the terms or conditions of an issued ~^ ~f T~^~ ......~ ~ ~ ~, Vegetation Removal Permit~ or the provisions of this Code, the Director may issue a Stop Work Order on the development site in question and process the · Double Underline is for addition str%3:c T~rcu-k= is for deletion Ordinance #96-010a Draft #1 Page 74 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 violation for appropriate review and enforcement in accordance with Section 11.13.02 of this Code. APPEALS Any final action by the Community Development Director may be appealed to the Board of Adjustment, in accordance with the provisions of Section 11.11.00 of this Code. 11.06.00 AMENDMENTS TO THE CODE AND OFFICIAL ZONING ATLAS 11.06.06 ACTION BY BOARD OF COUNTY COMMISSIOlq~RS no Upon receipt of the recommendation of the Planning and Zoning Commission, the Board of County Commissioners shall place the application on the agenda of a regular meeting of the Board of County Commissioners for a public hearing or hearinqs, in accordance with the requirements of Section 11.00.03. In making a decision on the application, the Board of County Commissioners shall consider the recommendation of the Planning and Zoning Commission and the standards in Section 11.06.03. Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall either grant or deny the application for a proposed amendment. Notification of the Board of County Commissioners' decision H 0 0 Double Underline is for addition £trz~:c T~rcu~ is for deletion Ordinance #96-010a Page 75 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 shall be mailed to all parties, and the decision shall be filed in the Office of the Community Development Director in accordance with Section ll.00.04(F). 11.07.00 CONDITIONAL USES 11.07.01 GENERAL PROVISIONS NO CHANGE 11.07.02 PERSONS ENTITLED TO INITIATE APPLICATIONS NO CHANGE 11.07.03 STANDARDS FOR REVIEW OF CONDITIONAL USE PERMITS NO CHANGE 11.07.04 CONDITIONS ON CONDITIONAL USE PERMITS NO CHANGE 11.07.05 APPLICATION PROCEDURES PARAGRAPHS A THROUGH B -- NO CHANGE C. HEARING AND ACTION BY PLANNING AND ZONING COMMISSION 1. Hearing Upon notification that the application for a conditional use permit is ready for review, the Planning and Zoning Commission shall place it on the next reqularl¥ scheduled agenda of ...... ~ .... ~-,~^~ ~ ~ ..... · .... ~-- for public hearing in accordance with the provisions of Section 11.00.03. The public hearing held on the application for conditional use shall be in accordance with Section 11.00.04. 2. Review In reviewing the conditional use application, the Double Underline is for addition Ctri::c T~rcu~l% is for deletion Ordinance #96-010a Draft #1 Page 76 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Planning and Zoning Commission shall consider the report of the Community Development Director; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Planning and Zoning Commission may recommend certain conditions be met before approval of the application. 3. Recommendation Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the application. HEARING AND ACTION BY BOARD OF COUNTY COMMISSIONERS 1. Hearing Upon notification of the recommendation of the Planning and Zoning Commission, the Board of County Commissioners shall place the conditional use application on the next reqularly scheduled agenda of ...... ~ .... ~,,~ --~-,,.~~ for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. Review In reviewing the application, the Board of County Commissioners shall consider the report of the Community Development Director and the recommendation of the Planning and Zoning Commission; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Board may require certain conditions be met before approval of the application. Action Double Underline is for addition ~ is for deletion Ordinance #96-010a Draft #1 Page 77 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Board of County Commissioners shall approve, approve with conditions, or deny the application for conditional use permit in accordance with Section ll.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision. Notice of Action Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Community Development Director in accordance with Section ll.00.04(F). 11.13.00 ENFORCEMENT OF CODE PROVISIONS 11.13.01 GENERALLY A. AUTHORITY 1. Enforcement by Environmental Control Hearing Board Enforcement proceedings with respect to the following provisions shall be in accordance with Section 11.13.02: P~t~t .... ~ ........ C 02 Wellfield Protection (Sections 6.03.00 and 11.05.10) Wastewater and Sewage Disposal Compliance (Sections 7.08.03 and 11.05.09) .... ~ ........ C .... 02 Wetlands Protection (Section 6.02.03) Native Upland Habitat Protection (Section 6.04.01) Standard Housing Code (Section 13.08.00) All other codes, statutes, rules, regulations Double Underline is for addition ctr:::c T~rcu--~ is for deletion Ordinance #96-010a Page 78 Draft ~1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 adopted by reference hereunder pursuant to Section 11.13.02 (L) . o Enforcement proceedings with respect to all provisions of this Code, except those listed in paragraph 1 above shall be in accordance with Section 11.13.03. 11.13.03 ENFORCEMENT PROCEDURES FOR CODE ENFORCEMENT BOARD Unless otherwise stated, the Code Enforcement Board, as described more fully in sections 1-2-19 through 1-2-27.3, St. Lucie County Code and Compiled Laws, shall enforce this Code according to the procedures set forth below. PARAGRAPHS A THROUGH E -- NO CHANGE Each case before the Code Enforcement Board shall be presented by the Code Enforcement Supervisor, or his desiqnee. Jo PARAGRAPHS G THROUGH I -- NO CHANGE AMOUNT OF FINES A fine imposed pursuant to subsection I shall not exceed $250 per day for the first violation, and shall not exceed $500 per day for a repeat violation, except that, if after due notice and hearinq, the Code Enforcement Board finds a violation to be irreparable or irreversible in nature, the Code Enforcement Board may impose a fine not to exceed $5,000 per cited violation. o In determining the amount of the fine, if any, the Code Enforcement Board shall consider the following factors: a. the gravity of the violation; any actions taken by the violator to correct the violation; and, c. any previous violations committed by the violator. o The Code Enforcement Board may reduce a fine imposed by this Section. Double Underline is for addition ~ is for deletion Ordinance #96-010a Page 79 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Lo PARAGRAPH K -- NO CHANGE No lien provided by this article shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure and all such costs shall be included in any final foreclosure order. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. PARAGRAPHS M THROUGH 1~ -- NO CHANGE 11.14.00 LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION - SPECIAL MASTER REVIEW PROCESS 11.14.01 GENERALLY ao This Section establishes St. Lucie County's procedures for the initiation, conduct and conclusion of a Special Master proceedinq as provided for under Section 70.51, Florida Statutes, the Florida Land Use and Environmental Dispute Resolution Act. 11.14.02 INTENT ao It is the intent of the County that the Special Master process be a speedy, inexpensive, and simple method for property owners and requlators to settle land use and environmental permittinq and enforcement disputes. To that end, property owners and requlators should meet face-to-face, in a non- adversarial atmosphere, to resolve disputes without the need for formal representation. Neqotiations assisted by a Special Master will enable a property owner and requlators to exert more control over their 0 0 0 0 Double Underline is for addition stri::c T~rcu-~ is for deletion Ordinance #96-010a Page 80 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 dispute, allowinq the parties to shape a resolution rathez than havinq one imposed. The Special Master and the partie~ should exercise maximum flexibility to adapt these procedure~ to the exiqencies of each particular case, consistent with the requirements of state law and due process. 11.14.03 STANDARDS OF CONDUCT FOR PARTIES AND PARTICIPANT~ no Standards of conduct for parties and participants may be adopted by the Board of County Commissioners, by resolution, and shall qovern the proceedinqs unless waived or altered in the Special Master contract. 11.14.04 PRE-INITIATION MEETIN~ Prior to filinq a formal Request for Relief under this Section, an owner may by letter request an informal meetinq with the County Administrator to discuss alternatives to the filinq of the Special Master proceedinq. The County Administrator shall conduct such a meetinq as expeditiously as possible and shall include technical staff familiar with the requlations at issue. 11.14.05 INITIATION OF SPECIAL MASTER PROCEEDIN~ Filinq of Request for Relief In order to initiate a Special Master Proceedinq an owner or a Special Master, to the extent provided for under Section 70.51(11), Florida Statutes, must file two (2) copies of a Request for Relief with the Office of the County Administrator. The request for relief must be filed within thirty (30) days after receipt of the any final development order or notice of qovernmental action. Within ten (10) days of receipt of the Request for Relief, filed pursuant to paraqraph 1 above, the County Administrator or his or her desiqnee shall forward thn request to a Special Master selected pursuant to Section 11.14.06. This time period may be extended by aqreement of the parties. o There shall be no initial filinq or application fee required with the submission of any Request for Relief, however, as provided for under Section 11.14.06(D) , each party shall be equally responsible for the cost of Double Underline is for addition Stri~5m T~rcug~ is for deletion Ordinance #96-010a Page 81 Draft ~1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 B o Co providinq for the Special Master and for all costs associated with the presentation or defense of their position. All costs incurred by the participatinq parties throuqh the Special Master proceedinqs are nonrecoverable. Request for Relief; Required Application Contents: Any Request for Relief filed aqainst St. Lucie County pursuant to this Section, and Section 70.51, Florida Statutes, shall be on a form as provided by the County and shall, at a minimum, contain the followinq: 1__=. A brief statement of the owners proposed use of the property. 2__:_. A summary of the final development order or description of the enforcement action that the owner feels is deprivinq the owner of the reasonable use of his land or property. A copy of the final development order or the documentation of an enforcement action at issue must be attached to the Request for Relief. A brief statement of the impact of the final development order or enforcement action on the ability of the owner to achieve the proposed use of the property. A certificate of service showinq the parties includinq the local qovernment entity have been served with copies of the Request for Relief. The special master may at his/her discretion require additional information in the interest of qaininq a complete understandinq of the Request for Relief. Notice of Filinq Concurrently with the forwardinq of the Request for Relief to the Special Master, the County shall serve, by United States Mail or hand delivery, a notice of filinq of the Request for Relief to: Owners of all real property contiquous to the applicant's property at the address shown on the latest County tax roll, and 0 0 Double Underline is for addition ....... T~rcu--~ is for deletion Ordinance #96-010a Page 82 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o bo Any substantially affected person who submitted oral or written testimony of a substantive natur¢~ which stated with particularity an objection to or support for any development order or enforcement action at issue. In lieu of providinq a complete copy of the Request fol Relief, the notice of filinq shall contain any information necessary for the recipient to secure a copy of the Request for Relief. Any failure to notice potential participants shall cured by postinq of notices of the Special Maste~ Proceedinq in a location established by the Board of County Commissioners for that purpose. 11.14.06 SPECIAL MASTER Special Master Qualifications & Restrictions The Board of County Commissioners shall appoint no less thaJI three (3) Special Masters who shall qualify as such under th~'~ provisions of this Section. A Special Master must be a resident of the State of Florida, and possess experience and expertise in mediation and at least one of the followinq ~isciplines and a workinq familiarity with the others: land use and environmental permittinq, land planninq, land economics, local and state qovernment orqanization and powers and the law qoverninq the same. A special master does not have to be a member of the Florida Bar. B. .Special Master Selection The County shall include in the Request for Relief for~, provided to the owner, a pre-approved list of Special Masters and instructions for objectinq to any person named on the list. o o The parties may mutually aqree on a Special Master. Where the County has been joined by a Special Master pursuant to Section 70.51(11), Florida Statutes, th~': County shall not unreasonably refuse to abide by thc: choice of a Special Master by the oriqinal parties. Selection of a Special Master from a Pre-approved listin~ Double Underline is for addition ........... ~u~n is for deletion Ordinance #96-010a Draft #1 Page 83 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Co shall be done as follows: a o The Special Master may be selected from the lists of approved Special Masters provided with the Request for Relief form. Unless an owner objects to a Special Master in the owner's Request for Relief, those Special Masters not objected to are deemed acceptable to the Owner. The County will select one of them, at random, as the Special Master to consider the Request for Relief. If the Owner objects to all of the persons on the approved Special Master list, the County shall be allowed additional time to secure a mutually acceptable Special Master. 4____~. If there is no aqreement amonq the parties on the selection of a Special Master: so Each party may select one person qualified as a Special Master who, toqether, shall select a candidate. If the parties cannot aqree on that candidate, the Special Master shall be randomly selected by the Florida Growth Manaqement Conflict Resolution Consortium from a list of qualified candidates maintained by them for that purpose; or The Special Master shall be randomly selected by the Florida Growth Manaqement Conflict Resolution Consortium from a list of qualified candidates maintained by them for that purpose. Aqreements with the Special Master In order to promote a non-adversarial Special Master Proceedinq, the parties should enter into an aqreement with the Special Master which provides for the followinq: Aqreement by the Special Master that he/she would not be called as an expert witness in any related subsequent or concurrent judicial proceedinq. 2__. Aqreement by both parties that the Special Master's Recommendation and related materials are inadmissible in any related subsequent or concurrent judicial proceedinq except to the extent that a certificate of completion of O; O~ 0 Double Underline is for addition Strz~m T~rcu~ is for deletion Ordinance #96-010a Page 84 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 the process will be available to certify that the Special Master process has been completed. The Special Master may not be called to appear before th¢~ Board of County Commissioners or any administrative or judicial tribunal with respect to the writter, recommendation or any aspect of the proceedinq, nor may the Special Master voluntarily furnish notes or othez related material. Special Master Service Fees The Special Master shall be entitled to receiw'~ reasonable compensation for the time spent in hearinq, reviewinq and decidinq any request for relief that i~ presented to the Special Master. The Special Master shall be entitled to receive reimbursement for any expenses related to the review of the request for relief. The Board of County Commissioners shall include as part of the standards of conduct an outline of reasonable expenses and compensation to be provided to the Special Master. The Special Master may require in any aqreement that th~: parties, where not otherwise prohibited by law, provide': a deposit of funds to secure payment of the Special Master's fees and expenses. 11.14.07 CONDUCT OF THE SPECIAL MASTER PROCEEDINC Request to Participate in Proceedinqs Within twenty one (21) days after receipt of the Request fol Relief, any candidate for participant status may request from the Special Master permission to participate in th~-: proceedinq. These persons may be permitted to participate ii, the hearinq to the extent allowed under Section 70.51(12) Florida Statutes. ' Filinq of Response As required under this Section, the County Administrator oz his or her desiqnee shall file a Response to the Request fol' Relief, as provided for in Section 70.51(16), Florida Statues. Sufficiency Hearinq; Request to be Dropped as a Party Double Underline is for addition strzMc T~rou~L is for deletion Ordinance #96-010a Draft #1 Page 85 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Do Prior to any hearinq on the merits of the Request for Relief, the Special Master may conduct a hearinq on whether the Request for Relief should be dismissed pursuant to Section 70.51(8), Florida Statutes. o At any time the Special Master may conduct a hearinq on any request to be dropped as a party pursuant to Section 70.51(16) (c), Florida Statutes. Notice and Timinq of Special Master Proceedinq As required under the provisions of Section 70.51(15), Florida Statutes, the Special Master shall convene a Special Master Proceedinq on the Request for Relief within forty five (45) days of his receipt of the Request for Relief, unless a different date is aqreed to by ali parties to the proceedinqs. Notice of the hearinq shall be provided by the Special Master to all parties and other persons who have requested such notice at least forty (40) days prior to the scheduled hearinq date. All notices shall include': the place date and time of the hearinq. o The cost of preparinq and filinq the initial two (2) copies of the Request for Relief shall be borne by the owner brinqinq forward the Request for Relief. o o The cost of preparinq and filinq of the Response to the Request for Relief shall be borne by the County. The Special Master's expenses in providinq notice shall be borne equally by the parties or as is otherwise': established in the Special Master aqreement. o Notice to all parties and other persons who hav~ requested such notice shall contain a reference numbez and date of filinq of the Request for Relief and instructions for obtaininq further information reqardinq the Request for Relief. Subpoena Powers of the Special Master The Special Master is empowered to subpoena witnesses. The Special Master may subpoena any nonparty witness ir', Double Underline is for addition ~ is for deletion Ordinance #96-010a Draft #1 Page 86 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Fo o o o o o the State that the special master believes will aid in the disposition of the request for relief. A subpoena issued by a Special Master may require the witness to brinq all necessary documents or thinqs. A party requestinq the subpoena of a nonparty witness shall make such request in writinq to the Special Master. Parties subpoenainq witnesses shall be responsible for payinq fees and mileaqe in the amount as provided for under Florida law for witnesses in civil cases. The Special Master shall provide notice of any witnesses subpoenaed to any party requestinq such notice. Service of subpoenas shall be made in the manner provided for by the Florida Rules of Civil Procedure. The witnesses of either party that are present for the hearinq or are on standby or available on call are not to be excused by either party without the concurrence of the other party or the Special Master. Conduct of the Special Master Proceedinq In all respects the conduct of a special master hearinq is to be informal and open to the public. The object of the hearinq is to focus attention on the impact of the qovernmental action qivinq rise to the request for relief and to explore alternatives to the final development order or enforcement action and other requlatory efforts by the qovernmental entities in order to recommend relief, where appropriate, to the owner. The Special Master Proceedinq may consist of facilitation sessions, testimony sessions, any combination of those or any form of information qatherinq and sharinq that the Special Master deems appropriate under the circumstances. With that proviso, what follows is a qeneral outline of a formalized process which is not bindinq on any party or the Special Master. 1. Facilitation Session__s a. In all respects, the facilitation discussions shall 0 0 0 Double Underline is for addition ...... T~rcu--~ is for deletion Ordinance #96-010a Page 87 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o be informal and open to the public. The discussions shall operate at the direction and under the supervision of the Special Master. The object of the facilitation sessions is to focus attention on the impact of the qovernmental action qivinq rise to the request for relief and to explore alternatives for relief that are consistent with the public interests. bo As alternatives, if variances, and other types of adjustments to the development order or enforcement action are raised, the Special Master shall afford participants a reasonable opportunity to address the impacts of such alternatives on their substantial interests. C · Any time after commencement of the presentation of evidence in the hearinq, the Special Master may recess the hearinq and presentation of evidence to recommence a facilitation session. Testimony Sessions a o In all respectsr the testimony sessions shall be informal and open to the public. The testimony sessions shall operate at the direction and under the supervision of the Special Master. Testimony may be taken from all participatinq parties. The witnesses do not need to be sworn in, however it is recommended. All witnesses are subject to cross examination. The Special master may ask questions directly of any witness. Formal rules of evidence are not to be followed, however fundamental due process shall be provided to all parties. bo As alternatives, if variances, and other types of adjustments to the development order or enforcement action are raised, the Special Master shall afford participants a reasonable opportunity to address the impacts of such alternatives on their substantial interests. C · Any time after commencement of the presentation of evidence in the hearinq, the Special Master may recess the hearinq and presentation of evidence to recommence a facilitation session. Double Underline is for addition str%Mc T~rcug~ is for deletion Ordinance #96-010a Page 88 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3. Procedures for Hearinq and Presentation of Evidence The hearinq shall be conducted under the direction and supervision of the Special Master. The Special Master shall decide all questions of procedure limited only by the need to afford reasonable due process. The Special Master shall determine the order of presentation of issues and information unless otherwise set forth in the Special Master aqreement. It is the duty of the Special Master to proceed with all reasonable diliqence. Offer to Compromise At any time durinq the Special Master Proceedinq a party may submit an offer of compromise. Settlement At any time durinq the Special Master Proceedinq, the owner and the County may enter into a settlement aqreement or other aqreement as to the permissible use of the owner's land. o A settlement aqreement or other aqreement as to the permissible use of the owner's land may be executed by the property owner or the party representative with authority to recommend a settlement directly to the Board of County Commissioners, subject to approval by the Board of County Commissioners. Any settlement aqreement containinq such a condition shall not be bindinq on any party until approved by all parties, includinq the Board of County Commissioners. a. Forms of Relief Available Without limitation, relief may be in the form of exemptions or variances from the applicable ordinances, includinq the Land Development Code Requlations. o Relief may be conditional in nature. Such conditional relief must be analyzed to determine if the conditions under which it is granted are consistent with the purpose and intent of the subject requlations and the Double Underline is for addition ~ is for deletion Ordinance #96-010a Page 89 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 applicable comprehensive plan. so Conditions may be initial, after satisfaction of which the settlement is implemented, or bo Conditions may be onqoinq, the failure of which serve to vacate the settlement and to divest the owner or his/her successors in interest of any riqhts thereunder. bo Any relief qranted shall address the appropriateness of relief, allowinq the County to fashion that form of relief necessary to equitably address the leqitimate concerns of the property owner while at the same time protectinq the leqitimate interests of the citizens of the County. Such decisions shall be quided by the criteria established in Section 70.51(18), Florida Statutes. o Where such settlement or other aqreement has been entered into, the Special Master shall not thereafter render a recommendation on those matters covered by the aqreement. 11.14.08 SPECIAL MASTER RECOMME~ATiON If an acceptable solution is not reached by the parties after the Special Master's attempt at mediation, the special master shall consider the facts and circumstances set forth in the Request for Relief and any responses and other information produced at the hearinq in order to determine whether the action by the qovernmental entity or entities is unreasonable or unfairly burdens the real property. o Within fourteen (14) days after the conclusion of the hearinq, the Special Master shall prepare a and file a written recommendation with all parties. Upon the receipt of any such recommendation, the County Administrator shall notify the Department of Leqal Affairs as required by law. 11.14.09 RESPONSE TO SPECIAL MASTER'S RECOMMENDATION no Within forty five (45) days of the receipt of the Special Masters Recommendation, the County, in consultation with other 0 0 Double Underline is for addition Strl~=c T.trcug.~ is for deletion Ordinance #96-010a Page 90 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 qovernmental entities participatinq in the proceedinq, mus~ respond to the Special Master's Recommendation by: Acceptinq the recommendation of the Special Master. Modifyinq the recommendation of the Special Master Rejectinq the recommendation of the Special Master. Within fifteen (15) days of determininq the specific action to be taken on Special masters recommendation, the County Administrator shall notify the Department of Leqal Affairs of the County's decision, as required by law. 11.14.10 RIPENESS DECISION ao If the Board of County Commissioners accepts the Special Master's recommendation or modifies it and the owner rejects the acceptance or modification, or if the County rejects the Special Master's recommendation, the County must issue a Ripeness Decision within thirty (30) days of the date of rejection. The Ripeness Decision must describe as specifically as possible what use or uses are available to th~ subject real property. o The procedures established under this section, and as further directed under Chapter 70.51, Florida statutes, may not continue for more than one hundred and sixty five (165) day~ after the filinq of Request for Relief, unless the period is extended by aqreement of the parties. C~ A decision describinq the available uses constitutes the last prerequisite to judicial proceedinqs, unless the owner has initiated a proceedinq under Section 120,57, Florida Statutes. 11.14.11 MISCELLANEOUS PROVISIONS A. Time Requirements and Furnishinq Copies Any copy which must be furnished to the Special Master, a party or a participant may be sent by reqular mail, postaqe prepaid, or by hand delivery to the recipient's last known address A copy furnished by mail will be deemed furnished to the recipient upon beinq deposited in the mail. Any document which must be submitted, or any copy which must be furnished to the Special Master, a party or a Double Underline is for addition Stri~5~ T~rcu~n is for deletion Ordinance #96-010a Draft #1 Page 91 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 o o participant, may be submitted or furnished by facsimile transmission. Documents submitted and copies furnished by facsimile transmission will be deemed submitted or furnished to the recipient on the date transmitted as shown on the recipient's copy, if the copy is complete. Ail documents must plainly identify the parties or participants to whom copies have been furnished. The parties may adopt qround rules reqardinq computation of time in a Special Master aqreement. o Any document received after 5:00 p.m. shall be filed as of 8:00 a.m. on the next reqular business day. Consolidation If there are separate matters which involve similar issues or identical parties, the Special Master may consolidate the matters, if the parties aqree and it appears that consolidation would promote the speedy, efficient, and inexpensive resolution of the matters. If the separate matters are pendinq before different Special Masters, the parties may decide which Special Master will conduct the consolidated proceedinq. In the event that the parties aqree to consolidate related Special Master proceedinqs into one proceedinq, the parties must jointly aqree to selection of a Special Master. The Special Masters involved should maintain an open and professional relationship with each other, and each has an obliqation to inform the others reqardinq the consolidation. CHAPTER Xll DECISION MAKING AND ADMINISTRATIVE BODIES 12.06.00 OFFICE OF THE COMMUNITY DEVELOPMENT DIRECTOR 12.06.01 JURISDICTION, AUTHORITY, AND DUTIES 0 0 0 Double Underline is for addition Strz~c T~rcu--~ is for deletion Ordinance #96-010a Page 92 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Lo PARAGRAPHS A THROUGH K -- NO CHANGE The Community Development Director, or his desiqnee, shall serve as the Building Official as called for under the Standard Building Code described in Section 13.00.01. CHAPTER Xlll BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL 13.00.00 BUILDING CODE 13.00.01 GENERALLY A. ADOPTED The Standard Building Code, 1991 1994 edition, including Appendix A, as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the Building Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the office of the Community Development Administrator Director and shall be available for public inspection during the regular business hours of such office. B. AMENDMENTS ........ , ........ · cs~cct~ Double Underline is for addition is for deletion Ordinance #96-010a Page 93 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a o bo Section ~ 3313.4, Moving of Buildings, Bond Re~'uired is hereby amended to ~~ ~^ ~~ ~^~ ~ ~ ~"" .... ~ .......... ~ read as ~--~~nlln~°:: Double Underline is for addition £tr=:=c T~rcu~k is for deletion Ordinance #96-010a Pa~e 94 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o The Community Development Director, as a condition precedent to the issuance of such permit, shall require a bond, or other form of acceptable security to the St, Lucie County Attorney, to be executed by person desirinq such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney. Such bond shall, at minimum, indemnify the County from any damaqe caused by the movinq of such buildinq to any street, road, hiqhway, curb, sidewalk, trees, bridqe, liqht pole, traffic siqna] or other item or fixture as may be described by the County. The County shall, at its discretion, include any reasonable performance criteria within the bondinq aqreement intended to address the issue of damaqe to any street, road, hiqhway or appurtenance thereto. Section 3313.7, Movinq of Buildinqs, Tmprovements by Owner, is hereby amended to read as follows: The Community Development Director, as a condition precedent to the issuance of such permit, shall requirn a bond, or other form of acceptable security to the St, Lucie County Attorney, to be executed by person desirinq such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney. The value of such Bond shall at a minimum to be equal to the cost of demolition, removal or repair, in order to brinq the buildinq into compliance with the Standard Buildinq Code, as amended and adopted by St. Lucie County. The bond shall be conditioned on brinqinq the relocated buildinq into compliance with the Standard Buildinq Code within ninety (90) days from the date of relocation; if thn buildinq does not comply with the Standard Buildinq Code within the ninety-day period the County shall qive ten days' written notice of the noncompliance and of thn County's intent to have the bond forfeited to cover the cost of demolition, removal or repair of such buildinq. Followinq such notice, the bond shall be forfeited and the necessary demolition, removal or repair shall b~ done. The Community Development Director, in consultation Double Underline is for addition ~ is for deletion Ordinance #96-010a Page 95 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o with the Buildinq Official, may qrant reasonabl~ extensions to the ninety (90) day compliance period if it is demonstrated to the satisfaction of the Community Development Director that the delay in completinq the required improvement has been caused by matters beyond the control of the owner or house mover. No permit for the movinq of any structure shall be issued by the Co~mty unless there is an accompanyinq buildinq permit for the reconstruction of the structure beinq moved at it new location, within the jurisdiction of St. Lucie County. If the structure is beinq moved to a location outside of the jurisdiction of St. Lucie County, no such buildinq permit from the County will be required. Garaqe Doors: In addition to the qeneral standards found in Section 411.2 Special Storaqe Occupancies, Automobile Parkinc Garaqes, the followinq special restriction shall apply: Ail qaraqe doors, or similar doorway coverinqs, shall be desiqned to withstand a minimum 110 mph wind load. 13.00.02 COASTAL CONSTRUCTION CODE TITLE The provisions contained herein shall constitute the coastal construction code for construction within the coastal building zone and coastal barrier islands in St. Lucie County, Florida, and shall be referred to as the "Coastal Code." B. PURPOSE The purpose of the Coastal Code is to Provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal areas of St. Lucie County, Florida, which front on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes, and topography of adjacent properties. The coastal code is site-specific to the coastal building zone as defined kcrcin in this Code and is not applicable to other locations. Double Underline is for addition Str~:: Tnrcu~ is for deletion Ordinance #96-010a Page 96 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Co In the event of a conflict between this ~ivision Section and other chapters in the Code, the requirements resulting in more restrictive design shall apply. No provisions in this ~ivisicn Section shall be construed to permit any construction in any area prohibited by local city, county, state or federal regulation. SCOPE 1. Applicability: The requirements of this Coastal Code shall apply to the following types of construction in the coastal building zone and on coastal barrier islands in unincorporated St. Lucie County: a o The new construction of, or substantial improvement to major structures, nonhabitable major structures, and minor structures as defined kcrcin in this Code. Construction which would change or otherwise have the potential for substantial impact on coastal zones (i.e. excavation, grading, paving). C o Construction located partially within the coastal building zone. do Reconstruction, redevelopment or repair of a damaged structure from any cause which meets the definition of "substantial improvement," as defined herein. 2. Exceptions: The requirements of the Coastal Code shall not apply to the following: Minor work in the nature or normal beach cleaning and debris removal. bo Structures in existence prior to the effective date of the Code, except for substantial improvements as defined herein. c. Construction for which a valid and unexpired Double Underline is for addition strzMc T~rcug~ is for deletion Ordinance #96-010a Page 97 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Do building permit was issued prior to February 18, 1986. do Construction extending seaward of the seasonal high-water line which is regulated by the provisions of Section 161.041, Florida Statutes (i.e. groins, jetties, moles, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredging, etc.). e o Construction of nonhabitable major structures, as defined in Chapter II, except for the requirements of Section 13.00.02(D) (3). f o Construction of minor structures, as defined in Chapter II, except for the requirements of Section 13.00.02 (D) (4) . go Structures listed in the National Register of Historic Places or the State Inventory of Historic Places. ho Construction for improvement of a major structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. 3. Applications for permits: Applications for building permits for major structures in the coastal building zone shall be certified by an architect or professional engineer registered in the State of Florida unless the structure is of normal or usual design as determined by the building official. Such certification shall state that the design plans and specifications for the construction are in compliance with the criteria established by this Coastal Code and that the requirements of A i02.6.2 Section 104.6.2 of the Standard Building Code and FEMA publication 55 "Coastal Construction Manual," will be complied with. COASTAL CONSTRUCTION REQUIREMENTS 1. General: Construction within the coastal building zone and on 0 0 Double Underline is for addition ~tr~c Tnrcu-n is for deletion Ordinance #96-010a Page 98 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o coastal barrier islands shall meet the requirements of this section ~ivisicn. All structures shall be designed so as to minimize damage to life, property, and the natural environment. Assistance in determining the design parameters to minimize such damage may be found in the reference documents listed in Section 13.00.02(D) (7). Structural Requirements for Major Structures: a. Design and construction: bo Major structures, except for mobile homes, shall be designed and constructed in accordance with Section 1205~1606 of the 1n~JJ~ 1994 Edition of the Standard Building Code, using a fastest-mile wind velocity of one hundred ten (110) miles per hour. Major structures, except mobile homes, shall also comply with the applicable standards for construction found elsewhere in the Standard Building Code. Mobile homes: Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards or the Uniform Standards Code ANSI All9.1, pursuant to Section 320.823, Florida Statutes, as well as the requirements of subsection (3). C o Elevation, floodproofing and siting: Ail major structures shall be designed, constructed and located in compliance with the National Flood Insurance Regulations as found in AA ~n ~ .... =n ~ ~ FEMA publication 55 "Coastal Construction Manual" or Section 6.05.00, whichever is more restrictive=, reqardless of flood zone desiqnation. Design conditions: Velocity pressure. Major structures, except mobile homes, shall be designed in accordance with the requirements of Section 1205 1606 of the ~°~ r~v~i~ ~ ~ ......... ~ ~~ 1994~j~°° Standard Building Code using a minimum fastest-mile wind velocity of one hundred ten (110) miles per hour. These minimum design pressures are Double Underline is for addition rtrl~c T~rcu3~ is for deletion Ordinance #96-010a Page 99 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 as follows: 0 to 15 20 40 60 34 FaGtcst 1~,,; '~ ^ Coastal Expcsurc 110 0 30 35 31 50 40 51 1O0 47 1OO 200 54 ~nO 3nn ~1 3nn ~nO ~ ~nO =nO 70 ........................................................................................................ F~$TE,S~::Mi~E:~ND::$ EED. :: :V ::tn::mph ............................................... · ........i::i:i~:i:'i:i~:iHE::!G HT:::i:IH}~ i (ff)~:i i ::ii :' i' ::.::::, 70 80 90 1 oo 110 0-15 10.0 13.1 16.6 20.4 24.7 1~___6 10.2 13.:3 16.9 20.8 25.:3 0 0 0 0 Double Underline is for addition £trl::c T~rcu~n is for deletion Ordinance #96-010a Page 100 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 70 80 90 1 O0 110 1~7 10.4 13.8 17.2 21.2 25.6 1__~_8 10.5 13.8 17.4 21.5 28.1 1__~9 10.7 14.0 17.7 21.9 26.5 2~___0 10.9 14.2 18.0 22.2 28.8 2~___2 11.2 14.8 18.5 22.8 27.8 2__~4 11.5 15.0 18.9 23.4 28.3 28 11.7 15.3 19.4 23.9 28.9 2__~_8 12.0 15.8 19.8 24.4 29.6 3__.~0 12.2 15.9 20.2 24.9 30.1 33, 12.5 16.4 20.7 25.6 31.0 33, 12.8 16.7 21.1 26.0 31.52 413 13.3 17.3 21.9 27.0 32.7 4__~5 13.7 17.9 22.7 28.0 33.8 513 14.1 18.4 23.3 28.8 34.9 53, 14.5 19.0 24.0 29.6 35.8 613 14.9 19.4 24.6 30.4 36.7 1 mph = 00.447 m/s 1 psf = 47.8803 Pa 1 ft = 00.305 m NOTES: 1_. A single value for velocity pressure (q) is used for the entire building. q = 0.00256 V2 (H) ~ 3~_~3 2___. V = fastest mile wind speed in miles per hour determined from figure 1606 (94 ed, standard building code). Double Underline is for addition str~c T~rcu~ is for deletion Ordinance ~96-010a Page 101 Draft #1 PRINT DATE: 3/01/96 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 H = Mean height of roof above ground or 15 ft whichever is greater. Eave height may be substituted for mean roof height if roof angle "a" is not more than 10°. PARAGRAPHS E THROUGH H -- NO CHANGE PARAGRAPHS 3 THROUGH 7 -- NO CF~%NGE 13.01.00 ENERGY EFFICIENCY BUILDING CODE 13.01.01 ADOPTED The Florida Model Energy Efficiency Building Code,~="~9"~ 1993 edition, will serve the needs of the County and is hereby adopted as the Energy Building Code Standard for Energy Efficiency in the Thermal Design and Operation of Ail Buildings for which a building permit is issued after ~'~--~ 15, ~ . .- ........ 79 January 1, 1993, in St Lucie County, subject to the exemptions contained in Section 553.902(1), Florida Statutes. A copy of such Code shall be filed in the office of the Community Development Director and shall be available for public inspection durinq the reqular business hours of such office. 13.02.00 MECHANICAL CODE 13.02.01 ADOPTED The Standard Mechanical Code, 1991 1994 edition, including Appendix A heat (loss/qain), as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the Mechanical Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the office of the Community Development ~-~-~ ...... ............... r Directo______ r and shall be available for public inspection during the regular business hours of such office. 0 0 Double Underline is for addition Etr!~c T~rcu-~ is for deletion Ordinance #96-010a Page 102 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 13.03.00 PLUMBING CODE 13.03.01 ADOPTED The Standard Plumbing Code, IDDI 1994 edition, including Appendix A (roof drains) and D (cross connection & backflow), as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the Plumbing Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the office of the Community Development Ad ........ t~tu~ Director and shall be available for public inspection during the regular business hours of such office. 13 · 03 · 02 AMENDMENTS The followinq sections of the Plumbinq Code of the County, as adopted by Section 13.03.01, are hereby amended in the followinq A. USE OF NONMETALLIC TUBING Nonmetallic tubinq will not be used on any potable water line below qrade inside of a residential buildinq or structure or any buildinq with a concrete slab unless it is accessible by a raceway or SCH 80 stub up. 13.04.00 ELECTRICAL CODE 13.04.01 ADOPTED The National Electrical Code, NFPA 70, 1993 edition, as promulgated by the National Fire Protection Association, is adopted by reference as the Electrical Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the office of the Community Development Director Administrator and shall be available for public inspection during the regular business hours of such office. 13 . 04 . 02 AMENDMENTS The following sections of the Electrical Code of the County, as Double Underline is for addition Etri~=a Tnrcu~ is for deletion Ordinance #96-010a Page 103 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 adopted by Section 13.04.01, are hereby amended in the following respects: ao USES PER~ITTED USE OF NONMETALLIC TUBING AND FITTINGS Electrical nonmetallic tubing and fittings shall be permitted to be used only in one- and two-family dwellings and multifamily dwellings, provided that such dwellings do not exceed three (3) floors above grade. B. ~o~o ~,T~m~ ~ ~,n~ ~,Tmm~n USE OF TYPE NM AND MNC CABLES Co Type NM and Type NMC cables shall be permitted to be used only in one-and two-family dwellings and multifamily dwellings, provided that such dwellings do not exceed three (3) floors above grade. WIRING METHODS The fixed wiring methods shall be metal raceways, nonmetallic raceways encased in not less than two (2) inches (50.8 mm) of concrete, Type MI cable, or Type MC cable. 1. Exception No. 1 As provided in Article 640--Sound Reproduction and Similar Equipment, in Article 800--Communication Circuits, and in Article 725 for Class 2 and Class 3 remote-control and signaling circuits, and in Article 760 for fire protective signaling circuits. 13.05.00 FIRE PREVENTION CODES 13.05.01 ADOPTED The Standard Fire Code, I~91 1994 edition, as promulgated by the Southern Building Code Congress International, Inc., are adopted by reference as the fire code of the county, to apply to the unincorporated areas of the county. A copy of such codes shall be filed in the office of the Community Development Administrator Director and shall be available for public inspection during the regular business hours of such office. 0 0 Double Underline is for addition strz~:c T~rcu3n is for deletion Ordinance #96-010a Page 104 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 13.06.00 ACCESSIBILITY BY HANDICAPPED PERSONS 13.06.01 CODE ADOPTED The Florida Accessibility Code for Buildinq Construction as Adopted by the State of Florida Florida Statutes, is adopted by reference as a Building Code of St. Lucie County, to apply to unincorporated areas of the County. A copy of such Code shall be filed in the office of the Community Development Administrator Director and shall be available for public inspection during the regul~-~business hours of such office. 13.07.00 GAS CODE 13.07.01 ADOPTED The Standard Gas Code, I~I 1994 edition includinq Appendix A (flow of qas throuqh fixed orifices), Appendix D (example problems) and Appendix E (5-PSI qas sizinq), as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the gas code of the county, to apply to the unincorporated areas of the county. A copy of such code shall be filed in the office of the Community Development Administrator Director and shall be available for public inspection during the regular business hours of such office. 13.08.00 STANDARD HOUSING CODE 13.08.01 ADOPTED The Standard Housing Code, 1~"~ 1994 edition, .......... --~ ........ revisions, as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the Standard Double Underline is for addition _~ri.:: _..rcu3 is for deletion Ordinance #96-010a Page 105 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Housing Code of the County, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the Community Development Administrator and shall be available for public inspection during the regular business hours of such office. NO CHANGES TO REMAINING PART OF CHAPTER PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie 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 C. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Double Underline is for addition Etri~:c Tnr~u~ is for deletion Ordinance #96-010a Page 106 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 43 45 46 PART F. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes AYE Vice Chairman Gary Charles, Sr. AYE Commissioner Havert Fenn ABSENT Commissioner Denny Green AYE Commissioner Ken Sattler AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development 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 B through H shall not be codified. PASSED AND DULY ENACTED this 6th day of August, 1996_. BOARD OF COUN~;~COMMISSIONERS ST. LUClE CO/~, FLORIDA BY: / ~ C. WA'~RMAN. ~" , "° "~ " ".~ Z -" Double Underline is for ~a--~d~ion. £tri~c Tnrcugn is for de,~etion ,.~ Ordinance #96-010a ' ',~z ~ Page 107 Draft #1 ~ ,~ ~ ~' ....~INT DATE: 3/01/96 1 2 3 ; ~ 4 :t 5 ? ~.. 10 · 13 ' '14 16 18 19 20 21 22 23 24 25 26 2'7 28 29 30 31 32 33 34 35 36 3'7 38 39 40 41 42 43 45 DJM OR96-010a(96amend$) APPROVED AS TO FORM AND CORRECTNESS: ~,~ ~NEY Double Underline is for addition strz::n T~rcug~ is for deletion Ordinance #96-010a Page 108 Draft #1 PRINT DATE: 3/01/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ' J'oAhn~ Hblman, Clerk~-f the Circuit Court - St. r-'cie County File Number: 148 344 OR BOOK 102~ PAGE 2642 Recorded: 06-18-96 09:34 A.M. ORDINANCE NO. 96-013 AN ORDINANCE AMENDING CHAPTER 2-5, (BUILDING AND BUILDING REGULATIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS; BY AMENDING ARTICLE I, (LICENSING AND EXAMINATION OF CONSTRUCTION CONTRACTORS); BY AMENDING SECTION 2-5-1 THROUGH 2-5-21 INCLUSIVE TO CHANGE THE TITLE OF COMMUNITY DEVELOPMENT ADMINISTRATOR TO COMMUNITY DEVELOPMENT DIRECTOR; BY AMENDING SECTION 2-5-1 (DEFINITIONS) TO CLARIFY THE TERMS USED IN THIS ORDINANCE; BY AMENDING SECTION 2-5-4 (EXAMINING BOARD) BY PROVIDING CLARIFYING LANGUAGE IN REGARD TO THE CONTRACTORS EXAMINING BOARD; BY AMENDING SECTION 2-5- 15(3), RECIPROCITY, TO PROVIDE FOR THE SUBMISSION OF CURRENT CREDIT REPORTS WITH ALL APPLICATIONS; BY AMENDING 2-5-17 QUALIFYING AGENT) BY CLARIFYING THE ABILITY TO CONTINUE WORK AFTER A QUALIFYING AGENT LEAVES THE BUSINESS ENTITY; BY AMENDING 2-5-21 DISCIPLINARY PROCEEDINGS) BY CLARIFYING THE PROCEDURES TO BE FOLLOWED WHEN CONDUCTING A DISCIPLINARY REVIEW OF A CERTIFICATE HOLDER; BY CREATING SECTION 2-5-22, TEMPORARY SUSPENSION OF LOCAL CERTIFICATE OF COMPETENCY REQUIREMENTS DURING PERIODS OF DECLARED EMERGENCY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: The State of Florida has determined that construction and home improvement industries may pose significant harm to the public when incompetent or dishonest contractors provide unsafe, unstable or short-lived products or services, and further, that it is necessary in the interest of the public health, safety and welfare to regulate the construction and home improvement industries. The State of Florida regulates construction and home improvement industries by providing for certification or registration of competent, qualified contractors, pursuant to Chapter 489, Florida Statutes. St. Lucie Double Ona~r~-fng-ig for Stril:a Through is for deletion Ordinance #96-013b Page 1 Final APPROVED DATE: 5/28/96 OR BOOK PAGE 2 6 4 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 County regulates these industries by providing for certification through certificates of competency issued to competent, qualified contractors, pursuant to Laws of Florida, Chapter 67-2000, codified as Chapter 2-5, St. Lucie County Code of Ordinances and Compiled Laws. Section 489.105(10), Florida Statutes envisions county regulation of the construction and home improvement industries. On April 7, 1992, this Board approved Ordinance 92-04 amending the County's Regulations regarding the Licensing and Certification of Contractors in the unincorporated areas of St. Lucie County. On May 11, 1993, this Board approved Ordinance 93-10 amending the County's Regulations regarding the Licensing and Certification of Contractors in the unincorporated areas of St. Lucie County. Through the implementation of Article I, Chapter 2-5 of the Code of Ordinances for St. Lucie County, it has become apparent that further clarification regarding the procedures for the review of disciplinary proceeds before the Contractors Examining Board need to be provided. On __, 1996, this Board held a public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and Port St. Lucie News on , 1996, and , 1996, at which time this Board continued the public hearing on the proposed ordinance until may 28, 1996. On May 28, 1996, concluded the public hearing on the proposed ordinance. The proposed amendments to Article I, Chapter 2-5 of the Code of Ordinances for St. Lucie County, are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONE~ OF ST. LUCIE COUNTY, FLORIDA: Double ~na~ri-fn~-ig for ~-ad~-~i~-~ Etrlk~ Through is for deletion Ordinance #96-013b Page 2 Final APPROVED DATE: 5/28/96 OR BOOK I 0 2 0 XGE 2 6 4 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PART A. AMENDMENT OF CHAPTER 2-5, ARTICLE I. LICENSING AN! EXAMINATION OF CONSTRUCTION CONTRACTORS. Article I, Chapter 2-5, Licensing and Examination of Construction Contractors, of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida is hereby amended as follows: ARTICLE I. IN GENERAL LICENSING AND EXAMINATION OF CONSTRUCTION CONTRACTORS Section 2-5-1. Intent. NO CHANGES Section 2-5-2. Definitions. (1) (2) "Board," "boards of examiners" or "examining board" shall mean the karain Contractors Examininq Board as provided for herein. "Business ' ' ,, organzzat~on shall mean a business entity engaging in contracting as an individual sole proprietorship, partnership, company, corporation, business trust or other legal entity. (3) "Certificate" shall mean a certificate of competency issued by the St. Lucie County Contractors Examining Board, thc St. Paragraph 4 through 14 - NO CHANGE Section 2-5-3. Exemptions. NO CHANGES Section 2-5-4. Examininq Board. Double Un~-~r~in~--i~-f~ ~-~d~-~ion Strl,':a Thrcugh is for deletion Ordinance #96-013b Final Page 3 APPROVED DATE: 5/28/96 · I 0 2 C PAGE ~- 6 4 5 OR BOOK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Paragraph I through 2 - NO CHANGE (4) (5) Each The contractors examininq board shall elect a chairman, vice-chairman, a secretary and such other officers as may be necessary from among its members. Election of officers shall be conducted annually in January. Each The contractors examining board shall hold not less than four (4) regular meetings each year, one in July, one in October, one in January, and one in April. The meeting shall be called to order by the Chairman of cach the board and in his absence by the Vice-Chairman of the board. Each The contractors examininq board shall have the authority to make such by-laws, rules, and regulations governing its body, as it may deem necessary, provided, that the same do not conflict with other regulations, of St. Lucie County or the constitution and laws of the United States or the State of Florida. Five (5) members of a board shall constitute a quorum at any meeting and a majority vote of those present shall be required to make any decision. Paragraph 6 through 7- NO CHANGE Section 2-5-5. Certificate of Competency - Required. NO CHANGE Section 2-5-6. Display of State Reqistration Number. NO CHANGE Section 2-5-7. Fees. NO CHANGE Section 2-5-8. Examination of applicant. Double Underi-~n~-ig for StrlXo Through is for deletion Ordinance #96-013b Page 4 Final APPROVED DATE: 5/28/96 OR BOOK I 0 2 0 IGE 2 6 4 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NO CHANGE Section 2-5-9. Procedure for obtaininq certificate of competency. Paragraph 1 - NO CHANGE Paragraph 2 (a) through 2 (f) - NO CHANGE Proof of having obtained a score of seventy percent (70%) or higher on the required contractor competency examination or the required general specialty examination. An applicant for a certificate of competency as a type of contractor which is not required to register with the State of Florida who has taken the required competency examination at least twice within the two (2) years preceding the submittal of the application and failed to obtain a passing score as set forth in this section shall submit the following information to the Community Development A~inistrator Director: Written documentation from the firm or agency conducting the examinations indicating the type of examinations taken, the dates of the examinations and the applicant's scores on the examinations; Proof that the applicant holds a valid and current contractor license in another jurisdiction in the appropriate area of contracting. Paragraph 2 (h) through 2 (m) - NO CHANGE Paragraph 3 - NO CHANGE (4) Ail complete applications shall be presented to the appropriate examining board for review. No application shall be presented to an examining board until the Community Development A~vLinistrator Director determines Double ~n~riln~-ig for Stri:[c Through is for deletion Ordinance #96-013b Page 5 Final APPROVED DATE: 5/28/96 OR BOOK PAGE 2 6 4 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 that the application is complete and in order. Paragraph 5 - NO CHANGE Section 2-5-10. Insurance requirements. (1) Prior to the submittal of an application for certificate of competency to an examining board or renewal of an existing certificate, the applicant or certificate holder shall furnish to the Community Development A~inistratcr Director proof of insurance in the amounts and coverage herein provided. In-the alternative, an applicant for a certificate of competency may submit to the Community Development A~inistratcr Director a notice of intent to issue insurance in the amounts and coverage herein provided to the applicant upon approval of his application for a certificate of competency. The notice of intent to issue the insurance shall be from an insurance company authorized to do business in the State of Florida and shall be addressed to the Community Development Director. In the event the application for a certificate of competency is approved by the appropriate examining board, the Community Development A~inistratcr Director shall not issue the certificate of competency until the applicant provides proof of insurance coverage as provided herein. (2) As proof of insurance, the applicant or certificate holder shall submit to the Community Development~~~-~~^~~==~= Director an original and complete certificate of insurance issued by an insurance company authorized to do business in the State of Florida. The certificate of insurance shall contain the date that the certificate was issued, the name of the insurance agent, name and address of insurance company, name of the applicant or the name of the certificate holder as it appears on the state certified or state registered contractor's license, policy number (not binder number), effective date of policy, and the expiration date of the policy. The certificate of insurance shall name the Community Development A~inistrator Director as the certificate holder and shall specify the number of days notification to be given to the certificate of insurance holder should the policy or any part thereof be cancelled before the expiration date. Paragraph 3 through 5 - NO CHANGE Double ~na-~r[-fn~-ig for ~-ad[-[i~-~ Strlkc Through is for deletion Ordinance #96-013b Page 6 Final APPROVED DATE: 5/28/96 ' . OR BOOK 1020 PAGE 2648 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 2-5-11. Issuance of a certificate of competency. NO CHANGE Section 2-5-12. Expiration of certificate of competency. NO CHANGE Section 2-5-13. Certificate of Competency - Voluntary Inactive Status. (1 Upon receipt of a written request and pa!mtent of the inactive status fee from the holder of a current and active certificate of competency, the Community Development A~ministrator Director shall place the certificate of competency on inactive status. The request for inactive status shall contain the date the certificate of competency is to be placed on inactive status and shall be signed and dated by the certificate holder. The holder of an inactive certificate of competency shall not be permitted to engage in the business of contracting while the certificate remains on inactive status. (2 A certificate holder seeking to activate an inactive certificate of competency shall submit the following to the Community Development A~ministrator Director for presentation to the appropriate examining board: (a A completed application form; (b Proof of payment of the application fee prescribed by resolution of the Board of County Commissioners; (C An original credit report not less than six (6) months old at the time of submittal; (d) An original financial statement not less than six {6) months old at the time of submittal; (e) An original and valid certificate of insurance in the amounts and coverages as required under Section 2-5-10; Double ~na-~r~in~-i~ for ~-~d~-~i~-~ Etrlkc Through is for deletion Ordinance #96-013b Page 7 Final APPROVED DATE: 5/28/96 OR BOOK I O 20 PAGE 2 6 4 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (4) (5) (f) and, If an examination was required when the original certificate of competency was issued, proof of having taken and passed, with a grade of 75% or higher if the examination was taken on or before April 7~ 1992~ or with a qrade of 70% or hiqher if the examination was taken after April 7, 1992, an examination approved by the appropriate examining board. (g) The holder of a reactivated certificate of competency shall not engage in the business of contracting until a copy of the certificate holder's state registered license has been provided to the Community Development ~-~-~~-~ Director Applications for reactivation of an inactive certificate of competency will be processed and reviewed in the same manner as an original application for a certificate of competency. Ail holders of inactive certificates of competency shall pay the annual renewal fee for inactive certificates during the month of September. The pro'visions of this section shall not apply to any employee of the United States, State of Florida, of any county, municipality, or other political subdivisions, where the employee is required to refrain from the business of contracting as a condition of his employment. Any person seeking to obtain a voluntary inactive status under the provision of this subsection shall submit written notice to the Community Development.~~+~^~~~=~= Director along with verification of employment and the employer's regulation restricting the ability of the employee to continue engaging in the business of contracting during the term of his employment. Within thirty (30) days of the date of termination of his employment, the employee shall notify the Community Development~~~~^~~~ Director of the termination and (a) request the employee's certificate of competency be reinstated to active status pursuant to the requirements of subsection 2-5-17(4), or (b) that the employee wishes to have his certificate placed on standard inactive status pursuant to this section. Any employee of the United States, State of Florida, any county, municipality, or political subdivision who is required to refrain from the business of contracting as a condition of his employment shall Double ~n~-~ri-fn~-i~ for ~-ad[-~i~-~ Str~kc Through is for deletion Ordinance #96-013b Page 8 Final APPROVED DATE: 5/28/96 OR BOOK 1020 r ]E 2650 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 be exempt from any fees associated with obtaining voluntary inactive status for his certificate of competency pursuant to this subsection. Section 2-5-14. Chanqe of status. Paragraph 1 - NO CT{ANGE (2) An application for a change in status shall be submitted to the Community Development P~~--~~LL~o ~==~= Director within forty-five (45) days of the date on which the change of status occurs. Paragraph 3 through 4 - NO CHANGE Section 2-5-15. Reciprocity. (1) The Community Development A~r. inistrator Director shall issue letters of reciprocity to contractor licensing officials in other jurisdictions for those parties who have been issued a St. Lucie County certificate of competency. A letter of reciprocity shall state the name and address of the certificate holder, the type and class of certificate issued, the title, date, location, and grade for the examination taken, and the current status of the certificate. (2 The fee for the preparation and issuance of a letter of reciprocity shall be as prescribed by resolution of the Board of County Commissioners. (3 In lieu of meeting the requirements of Subsection 2-5- 11(1) (b), the County shall accept original letters of reciprocity from other jurisdictions only for those applicants who have obtained a grade of seventy percent (70%) or higher on a competency examination which has been approved by the appropriate County examining board. Such letters of reciprocity shall be on letterhead of the other jurisdiction's contractor licensing official and shall be signed by the official or his designee. The letter of reciprocity shall contain the applicant's name and address, the date and place the applicant took the competency examination, the name of the examination, the grade obtained on the examination, a CODy Double ~n~ri-[n~-ig for ~d[-~i~-~ Str~kc Through is for deletion Ordinance #96-013b Page 9 Final APPROVED DATE: 5/28/96 .,OR BOOK 1020 PAGE 2651 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (4) of the applicants current credit report and the current status of the applicant's license. A letter of reciprocity shall be no older than six (6) months when it is submitted to the Community Development A~ministrator Director. In addition to the reciprocity procedures set forth above, an applicant who holds a current and valid certificate of competency issued by the City of Fort Pierce or the City of Port St. Lucie shall be issued a County certificate of competency in the same contractor category upon submission of following to the Community Development A~Linistrator Director or his designee: (A) Completed application for a County certificate of competency and required application fee. (B) Proof of current and valid certificate of competency issued by City of Fort Pierce or City of Port St. Lucie in the field of contracting for which he seeks a County certificate of competency. (c) Proof that the applicant has met all other criteria required pursuant to this ordinance and the resolution establishing the scope of work for types of contractors adopted pursuant to Sections 2-5-2(8) and 2--5-2(14). Section 2-5-16. Death of a certificate of competency holder. (1) If work remains to be completed under a contract at the time of the death of a certificate holder, the work may be complened by any person in accordance with this section. The person seeking to complete the work under the contract shall provide written notice to the Community Development A~,inistrator Director within thirty (30) days after the death of the certificate holder. Such notice shall include the name and address of the person seeking to complete the contract, his knowledge of the contract, and his ability to complete the work remaining under the contract. (2) If the deceased certificate holder was the only qualifying agent for the business organization, the business organization shall have sixty (60) days from the date of the certificate holder's death to employ another qualifying agent. During this period, the business organization shall not commence any new construction until a qualifying agent is employed. The Double -On~-~r[-fn~-i~-f~-~ ~-~d[-~i~-~ StrlkC Thrsugh is for deletion Ordinance ~96-013b Page 10 Final APPROVED DATE: 5/28/96 OR BOOK 1 0 0 PAGE 2 6 5 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 business organization shall notify the Community Development AA~,inistratcr Director of the name and hire date of the new qualifying agent within five (5) days of the hire date. The new qualifying agent shall obtain a certificate of competency as the qualifying agent for the business as provided for in this ordinance. Section 2-5-17. Qualifying agent. Ail applications for a certificate of competency, other than those submitted by an individual, shall be submitted through a qualifying agent. The application must indicate that the qualifying agent is authorized to act for the applicant in all matters connected with contracting and that he is authorized and responsible to supervise any construction undertaken by the applicant, including the supervision of employees on construction and/or job sites. The qualifying agent must be duly licensed in order for the business organization with which he is affiliated to be licensed. A qualifying agent shall serve as qualifier for no more than two (2) businesses. (2) A qualifying agent who has been designated as the sole qualifying agent for a business organization may terminate his status as qualifying agent for that entity by giving written notice to the business and the Community Development A~,inistrator Director Such notice shall indicate whether the qualifying agent intends to reapply as an individual or as the qualifying agent for another entity. If the qualifying agent is a state registered contractor, the County will not issue any building permits to the qualifying agent until he provides the Community Development A~inistratcr Director with a copy of his new state registration. (3) In the event a qualifying agent ceases to be affiliated with a business entity which he has qualified, the business entity shall notify the Community Development A~ministrator Director within thirty (30) days of the date of the termination and shall have sixty (60) days from the date of the termination to hire another qualifying agent if it does not already employ another qualifying agent. At any time during which the business entity does not have a qualifying agent in its employ, it shall (a) engage in no new contracting work, and (b) provide only warranty service as required under any existing warranty obligations. During the period when the business entity does not have a qualifyinq agent~ the business Double ~na~ri-~n~-is for ~-dd[-~ion £trlkc Thrcugh is for deletion Ordinance #96-013b Page 11 Final APPROVED DATE: 5/28/96 OR BOOK 1 C 0 PAGE 2 6 5 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 entity may continue to complete any previouslV permitted buildinq activity~ but only to the extent that the work beinq conducted is consistent with the issued buildinq permit. If the business entity fails to obtain a new qualifyinq aqent within the required sixty (60) day period, all buildinq permits previously issued to the business entity under the former aualifvina aaents certification shall terminate. Section 2-5-18. Restrictions on cerEificates of competency. NO CHANGE Section 2-5-19. Prohibited activities. Paragraph 1 through 3 - NO CHANGE Submit false information or other evidence to the Community Development,~LL~~~~~=~= Director and/or an the examining board for the purpose of obtaining a certificate of competency; Paragraph 5 through 14 - NO CHANGE Section 2-5-20. Revocation or suspension of certificates of competency. NO CHANGE Section 2-5-21. Disciplinarv proceedinqs. Any person may file a complaint against the holder of a certificate of competency with the Community Development A~ministrator Director. Such complaint shall be in writing and signed by the complainant. Within fifteen (15) days of the receipt of a complaint, the Community Development A~rLinistratcr Director shall determine whether the facts are sufficient to brin~ the certificate holder before the Double Uniting-is for ~-ad~-~i~-~ S~ri~c Throug~ is for deletion Ordinance #96-013b Page 12 Final APPROVED DATE: 5/28/96 OR BOOK I 0 2 C PAGE 2 6 5 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 contractors examininq board. If the Community Development Director determines that sufficient grounds exist for the prosecution of the complaint, the Director shall send by certified mail, return receipt requested, or personal service bv the St. Lucie County Sheriffs Office or other duly recoanized service authority a copy of the complaint to the certificate holder and shall serve notice upon all interested persons of the date fixed for a disciplinary hearing before the appropriate contractors examining board. The certificate holder shall have the right to appear personally at the hearing and to present witnesses and/or evidence in his defense. (2) At the discretion of the Community Development Director, and based on the specifics of the complaint, the complaint filed aaainst the certificate holder may be directed to the code enforcement board for adjudication before proceeding with the prosecution of the complaint to the contractors examininq board. Each disciplinary hearinq brought before the examininc board shall be presented by the Development Director or his designee. contractors Community A~ the hearinq, minutes shall be kept and all hearinqs and proceedings shall be open to the public. Ail testimony shall be under oath. Testimony shall be qiven by the Community Development Director, or his designee, as to the qrounds for the prosecution of the disciplinarV action, Testimony may also be taken from the complainant and the certificate holder brought before 'these disciplinary proceedinqs. Formal rules of evidence shall not applv~ but fundemental due process shall be observed and ~overn the proceedinqs. (5) At the conclusion of the disciplinary hearing, the contractors examining board shall issue findings of fact, conclusions of law and a final order based on the evidence of record as to whether the certificate holder has violated any provision of this article, If the board determines that the certificate holder has violated any provision of this article~ the board may suspend or revoke the contractor's certificate of competency by an affirmative vote of five (5) or more members, Any suspension of a certificate of competency shall be for ~ specified period of time not to exceed one (1) year. Double ~na~ri-~n~-i~ for Str~kc Through is for deletion Ordinance #96-013b Page 13 Final APPROVED DATE: 5/28/96 OR BOOK 1020 PAGE 2655 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The ..... ~ ............. ~ board may reissue a certificate of competency to any contractor whose certificate has been revoked upon the affirmative vote of five (5) or more members of the ..... ~-- board. If ....... ~ ................ ~ the board does not reissue a revoked or suspended certificate of competency, the certificate holder shall be prohibited from submitting an application for certificate of competency for one (1) year from the effective date of the revocation. %_~.~k An applicant or a permit holder may appeal any decision made by an the contractors examining board to the Board of County Commissioners by filing a petition of appeal with the County Administrator within thirty (30) calendar days of the date of the rendition of the decision. The Board of County Commissioners shall review the petition at a public meeting within thirty (30) calendar days from the date of filing the appeal. The petitioner shall be provided reasonable notice of the time, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is granted by the Board. The Board's decision shall be final for the purposes of administrative appeals. The Board of County Commissioners review of the petition shall be limited to the record and facts which were available to the contractors examining board at the time of the rendition of the decision appealed. The Board of County Commissioners shall revoke the decision of the examining board only if there is competent, substantial evidence in the record that the decision fails to comply with this ordinance. Sgction 2-5-22. Temporary suspension of local certificate of competency reauirements for State Reqistered Contractors durinq periods of declared emeraencv. 1. In the event that all or part of St. Lucie County is declared Double ~na~r~in~-i~ for ~-~d~-~i~-~ Strl]:c Through is for deletion Ordinance #96-013b Page 14 Final APPROVED DATE: 5/28/96 OR BOOK I 0 2 ( PAGE 2 6 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 '28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 by the Governor of the State of Florida or the President of the United States to be a disaster area as a result of a hurricane, tornado or other similar natural disaster, the local certificate of competency recuirements described in Section 2-5-5 shall be suspended. Any contractor who holds a valid state registration in any of the regulated contractors categories in St Lucie County may be empowered to secure building permits based on that valid state registration. With the expiration of the issued disaster declaration or the cancellation of any locally declared state of emergency, the provisions of Section 2-5-5 of this Article shall become fully effective once a~ain. The Community Development Director shall on or before December 31f 1996. have PrePared and implemented specific certificatio2 and licensin~ procedures ~overninq the contract construction industry for use durina periods of declared emeraencv. The Community Development Director shall consult with the contractors examininq board durinq the development of the procedures. ******************************** PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie 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 C. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. Double ~n~r~in~-ig for ~-~dl-~i~-~ Strike Through is for deletion Ordinance #96-013b Page 15 Final APPROVED DATE: 5/28/96 OR BOOK I 0 ~- PAGE 2 6 5 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Coae and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinanace shall take effect upon adoption. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes AYE Vice-Chairman Gary Charles, Jr. AYE Commissioner Denny Green AYE Commissioner Ken Sattler AYE Commissioner Havert Fenn AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 B through H shall not be codified. PASSED AND DULY ENACTEDthis 28th day of May, 1996. Double ~n~-~r[-[n~-ig for ~-~dl-~ion Strlka Through is for deletion Ordinance #96-013b Page 16 Final APPROVED DATE: 5/28/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 OR BOOK 1020 PAGE 2658 ATTEST: · DEPUTY CLERK' or96-013b contractors BOARD ST. BY: OF COUNTY COMmiSSIONERS LUCIE CO//I~Y, FLgRIDA HAIRMAN APPROVED AS TO FORM AND CORRECTNESS: Ordinance #96-013b Final Double ~n~ri-~n~-i~ for ~d[-~ion Strlka Through is for deletion Page 17 APPROVED DATE: 5/28/96 ORDINANCE NO. 96-15 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR EAST COAST LUMBER AND SUPPLY COMPANY, 5285 ST. LUCIE BOULEVARD, FORT PIERCE, FLORIDA, AN EXPANDING BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO EAST COAST LUMBER AND SUPPLY COMPANY; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT EAST COAST LUMBER AND SUPPLY COMPANY MEETS THE DEFINITION OF AN EXPANDING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 96-15 "Economic Development Ad Valorem Tax Exemption - East Coast Lumber and Supply Company. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of East Coast Lumber and Supply Company, 5285 St. Lucie Boulevard, Fort Pierce, Florida, in accordance with the following exemption phase out schedule: O o I qo mo Year 1 (Fiscal Year 96-97) - 100% Year 2 - 90% Year 3 - 80% Year 4 - 70% Year 5 - 60% Year 6 50% Year 7 40% Year 8 20% No exemption shall be granted on the land on which improvements are made by East Coast Lumber and Supply Company. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $59,677,884.78. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $56,973.47. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $3,885.77. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to East Coast Lumber and Supply Company for an expanding business shall be for eight (8) years from the date of Board adoption of this Ordinance. ARTICLE V Findinq The Board of County Commissioners of St. Lucie County, Florida, finds that East Coast Lumber and Supply Company is an expanding business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if East Coast Lumber and Supply Company no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid,unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII 0 ~ (~ 0 Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Cliff Barnes AYE Vice Chairman Gary D. Charles, Sr. AYE Commissioner Havert L. Fenn AYE Commissioner Ken Sattler AYE Commissioner Denny Green AYE PASSED AND DULY ADOPTED this 9th day of July, 1996. 1 2 5 6 7 8 9 10 11 12 13 ~14 <l~ 17 18 19 20 21 ~ 22 23 24 ~ 25 ~ 26 ,.~. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ORDINANCE 96-018 FILE NO: PA.96-002 AN ORDINANCE CHANGING ~ FUTURE LAND USE DESIGNATION OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE FUTURE LAND USE MAPS OF THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND, PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Deborah A. Capozzoli presented a petition for a change in Future Land Use Designation from AG-2.5 (Agricultural - 2.5) to RE (Residential Estate) On April 18, 1996, the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice at least 15 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and has recommended that this Board approve the hereinafter described request for a change in Future Land Use Designation from AG-2.5 (Agricultural - 2.5) to RE (Residential Estate) for the property described in Part A. On May 21, 1996, this Board held a public hearing on the petition, after publishing notice at least 15 days prior to the hearing and notifying by mail the owners of property within 500 feet of the subject property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: File No.: PA-96-002 Ordinance 96-018 May 21, 1996 Page 1 I OO mO q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A_ CHANGE IN FUTURE LAND USE DESIGNATION The future land use designation set forth in the St. Lucie County Comprehensive Plan for the property described as follows: SECTION 22, TOWNSHIP 35 SOUTH, RANGE 39 EAST. THE SOUTH 149.24 FEET OF THE SOUTH H OF THE NORTH~&ST ¼ OF THE NORTltFAST ~A OF THE SOUTHFAST ¼ AND THE NORTH 0.76 FEET OF THE EAST 543.64 FEET OF THE SOUTHFAST ¼ OF THE NORTHEAST ¼ OF THE SOUTHE&ST ¼ - LESS ROAD AND CANAL RIGHTS-OF- WAY. (2.~6 AC) (Location: East side of Emerson Avenue South, approximately 600 feet south of Canal No. 49) owned by Deborah A. Capozzoli, is hereby changed from AG-2.5 (Agricultural - 2.5) to RE (Residential Estate). B_ FINDING OF CONSISTENCY This Board specifically determines that the approval of this change in the Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan, specifically Policies 11.1.3.6 and 11.1.3.7 of the Capital Improvements Element, which identify this approval as a Preliminary Development Order and provide for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order is issued. C_~. CHANGES TO THE FUTURE LAND USE MAPS The St. Lucie County Community Development Director is hereby authorized and directed to cause these changes to be made in the Future Land Use maps of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D.__~. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 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. q File No.: PA-96-002 Ordinance 96-018 May 21, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 E_ SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property, or circumstances. F_ APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. 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, 32304. H__ FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIR,q The Community Development Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida, 32399. I- EFFECTIVE DATE This Ordinance shall take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in accordance with Section 163.3184(9), Florida Statutes, or until the Administration Commission issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). J. ADOPTION After motion and second, the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice-Chairman Gary D. Charles, Sr. AYE Commissioner Havert L. Fenn AYE File No.: PA-96-002 Ordinance 96-018 May 21, 1996 Page 3 JoAfine Holman, Clerk ? thee Circuit Court File Number: 149'.. 969' OR BOOK Recorded: 08-16-96 11:06 A.M. - St. ~ie County 103~ PAGE 2657 ORDINANCE NO. 96-2~ AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY TO PROVIDE FUNDING FOR THE ST. LUCIE COUNTY JUVENILE ASSESSMENT CENTER AND THE ST. LUCIE COUNTY TEEN COURT THROUGH COUNTY DELINQUENCY PREVENTION FINES; PROVIDING FOR ADDITIONAL MANDATORY FINES TO BE ASSESSED AGAINST EVERY PERSON CONVICTED OF, OR ADJUDICATED DELINQUENT FOR, OR HAS HAD AN ADJUDICATION WITHHELD FOR, A VIOLATION OF A CRIMINAL STATUTE, CERTAIN TRAFFIC OFFENSES, A HANDICAPPED PARKING VIOLATION, OR A VIOLATION OF CERTAIN MUNICIPAL OR COUNTY ORDINANCE; PROVIDING FOR THE ADMINISTRATION BY THE CLERK OF THE CIRCUIT COURT; PROVIDING FOR DISBURSEMENT OF FUNDS TO THE SHERIFF AND THE TEEN COURT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, is authorized by Section 775.0833, Florida Statutes (County Delinquency prevention fines), to adopt a mandatory additional court cost of three dollars ($3.00) to be used by the Sheriff for the implementation and operation of a juvenile assessment center with said court costs to be assessed in specific cases and is further authorized to assess an additional mandatory court cost of three dollars ($3.00) for the operation and administration of a Teen Court, with said court costs to be assessed in specific cases; and, WHEREAS, the Clerk of the St. Lucie County Court is authorized to collect and deposit the assessments collected pursuant to Section 775.0833, Florida Statutes, in appropriate, designated accounts for disbursement to the Sheriff and the Teen Court. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ARTICLE I OF CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY IS HEREBY AMENDED AS FOLLOWS: SECTION 1-7-11 Assessment of court costs to be used for the implementation and operation of a juvenile assessment center. The court shall assess court costs of $3.00 per case, in addition to any other authorized cost or fine, on eve _ry person who, with respect to charge, indictment, prosecution commenced or petition of delinquen~ filed in the coun _ty or circuit, pleads guilty, nolo contendre to, or is convicted of, or adjudicated delinquent for, or has had adjudication withheld for, a felony or misdemeanor, or a criminal traffic offense or handicapped parking violation under state law, or a violation of any municipal or coun _ty ordinance, if the violation constitutes a mi.qdemeanor under state law. B._~. The clerk of the circuit and coun _ty court shall collect the three dollar ($3.00) court costs assessed by the court and deposit those funds in an appropriate, designated account established by the clerk. The clerk shall withhold five percent (5%) of the assessments collected for the costs of administering the collection of assessments. The clerk shall release funds to the. sheriff upon request. The clerk shall also, at the request of the sheriff, receive and deposit in the, designated account, any additional funds attained by the sheriff for the implementation and operations of the juvenile assessment center, and release those funds to the sheriff upon request. SECTION 1-7-12 Assessment of court costs to be used for the operation and administration of Teen Court. A.__~. The Court (both county and circuit) shall ~ssess court costs of three dollars ($3.00) per case, in addition to any other authorized cost or fine, against eve _ry person who pleads guilty or nolo contendre to, or is convicted of, regardless of adjudication, a violation of a state criminal statute or a municipal ordinance or county ordinance or who pays a fine or civil penalty for any .violation of chapter 316, Florida Statutes. Any person whose adiudicafion is withheld pursuant to the provisions of section 318.14 (9) or (10), Florida Statutes, shall also be assessed such cost. The assessment shall not be deducted from the proceeds of that portion of any fine or civil penalty which is received by a municipality in the county or by the county in accordance with sections 316.660 and 318.21, Florida Statutes. The assessment shall specifically be added to any civil penalty paid for a violation of chapter 316, Florida Statutes, whether such penalty is paid by mail. paid in person without request for heating, or paid after hearing and determination by the court. However, the assessment shall not be made against a person for a violation of any state statutes, county ordinance, or municipal ordinance relating to the parking of vehicles, with the exception of the handicapped parking laws. B.__~. The clerk of the court shall establish a Teen Court Trust Fund, to be used to fund the operation and administration of the Teen Court, under the direction of the Court Administrator and the supervision of the Chief Judge of the Nineteenth Judicial Circuit. The clerk of the court shall collect and deposit the assessments collected pursuant to this section and shall remit the .same to the Teen Court monthly, less 5 percent, which is to be retained as fee income of the Office of the circuit court. PART B. SEVERABILITY If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. PART C. EFFECTIVE DATE This ordinance shall become effective ~ - ~- c~ (~ ,1996 or upon receipt of official acknowledgement from the Secretary of State that said ordinance has been filed, ,w, hi~¢Vegjs later. PASSED AND DULY ADOPTED this ATTEST: APPROVED AS TO FORM AND CORRECTNESS: County Attorney ORDINANCE 96-24 AN ORDINANCE AMENDING CHAPTER 2-5, (BUILDING AND BUILDING REGULATIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS;AMENDING SECTION 2-5-8 (EXAMINATION OF APPLICANT) TO SPECIFICALLY REQUIRE AN APPLICANT TO TAKE AND PASS A TECHNICAL/COMPETENCY EXAMINATION AND A BUSINESS AND LAW EXAMINATION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: · 1 The State of Florida has determined that construction and home improvement industries may pose significant harm to the public when incompetent or dishonest contractors provide unsafe unstable' or short-lived products or services, and further, that it is necessary in the interest of the public health, safety and welfare to regulate the educational requirements of those persons engaging in construction and home improvement industries· 2. St. Lucie County regulates construction and home improvement industries by providing for certification through certificates of competency issued to competent, qualified contractors, pursuant to Laws of Florida, Chapter 67-2000, codified as Chapter 2-5, St. Lucie County Code of Ordinances a~ Compiled Laws. 3. Section 489.105(10), Florida Statutes envisions county regulation of the construction and home improvement industries· 4. On April 7, 1992, this Board adopted Ordinance No. 92-04 which amended Chapter 2-5 to incorporate changes in the ugh passages are deleted. Underlined passages are added. 1 construction industry which have occurred since 1967 and to update the administrative procedures for the licensing and regulation of contraotors in St. Lucie County. 5. On May 11, 1993, this Board adopted Ordinance No. 93-10 to amend Subsection 2-5-3 (Exemptions) to create an exemption to the contractor licensing requirements to permit a lessee to apply for certain non-structural, non-life safety building permits upon approval of his lessor; to provide for the consolidation of the electrical contractors examining board and the plumbing contractors examining board; to provide that only a contractor who is required to register with the State of Florida shall be required to display his State registration number in his advertising; to establish' a~ procedure whereby an applicant for a certificate of competency as a contractor which is not required to register with the State of Florida Department of Professional Regulation may submit with his application for consideration by the contractor examining board additional information in lieu of proof of a passing score on the required examination; to provide that the contractor examining board shall not consider the value of an applicant's primary residence in determining the applicant's net worth for purposes of evaluating his application for a county certificate of ~ompetency and to establish reciprocity. 6. In February, 1993, Bl~ck & Associates, the testing agency for block examinations, bifurcated the Technical/Competency Examination from the Business and Law Examination, thus creating two (2) separate examinations. ............. ~,~.passages are deleted. Underlined passages are added. 2 0 0 0 7. Insofar as Ordinance No. 93-10 does not specifically require that applicants take and pass the Business and Law Examination, the County does not require such test as a prerequisite for contractor certification. 8. The requirement for taking and passing the Business and Law Examination is of equal importance to the requirement for taking and passing the Technical/Competency Examination in order to promote the public health, safety and welfare of St. Lucie County citizens. 9. It is in the best interest of the citizens of St. Lucie County to require that contractors take and pass both the Technical/Competency Examination and the Business and Law. Examination prior to obtaining certification with the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. AMENDMENT OF SECTION 2-5-8 (EXAMINATION OF APPLICANT). Section 2-5-8 (Examination of applicant) is hereby amended to read as follows: Section 2-5-8. Examination of applicant. (1) Ail applicants for a county certificate of competency shall be required to take and pass a Technical/ehompetency e~xamination and a Business and Law Examination or a general specialty examination when a %~echnical/Competency e~xamination is not available. The e~xamination~ s~all be approved by the =~ ..... examining board. An applicant shall obtain a passing grade of seventy percent (70%) or higher before his application ............. ~. passages are deleted. Underlined passages are added. 3 0 0 0 0 0 will be presented to the examining board for review. (2) The Technical/e~ompetencye~xaminatione, the Business and Law Examinatione~ and general specialty examinatione shall be conducted annually a__t a minimum of four (4) times. (3) An applicant for county certificate of competency that has taken and passed an ........ ~ ~~ ....... ~ .......... ~ both the Technical/Competency Examination and the Business and Law Examination or general specialty examination in another jurisdiction and obtained a grade of seventy percent (70%) will be exempt from this the examination requirements, provided that applicant provides the examining board With an original letter of reciprocity form from the licensing official in the jurisdiction' where the examination~ was were administered and the examination~ ~:as were for the type and class of contracting for which application is being made. The letter of reciprocity shall be in accordance with the requirements set forth herein. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 C. 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. ~ .... ~' +~ ..... ~ ete ............. ~.. passages are del d. Underlined passages are added. 4 0~ 0 0 0 0 PART D. APPLICABILITY. This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes AYE Vice-Chairman Gary D. Charles, Sr. AYE PART H. Commissioner Havert L. Fenn Commissioner Denny Green Commissioner Ken Sattler CODIFICATION. AYE AYE AYE Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word '~rdinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be o o o 1, 0 ! ~ ............. ~,. passages are deleted. added. Underlined passages are renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTEDthis 15th day of October, 1996. ~' CHAIRMAN APPROVED ~.~; TO FORM AND~-~ C OUNT~ ATTORNEy/ 0 M 0 o o ...... ~.. passages are deleted. added. Underlined passages are ~0 0 0 0 0 TH IBUNE EO. Box 69 Fort Pierce, St. Lucie County, Florida 34954-0069 STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared David T. Rutledge or Kathleen K. LeClair, who on oath says that he/she is publisher, business manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a NOTICE OF INTENT in the matter of ORDINANCE 96-24 REGARDING ANENDING CHAPTER 2-5, etc. was published in said newspaper in the issues of September 27, 1996 Affiant further says that The Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuous- ~O~ ly published in St. Lucie County, Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a peri- ~~ od of one year next preceding the first publication of the attached copy of advertise- ment: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing . this advertisement for publication in the said newspaper. Sjdo. rfi~~c].jbed~efore/me ~3epte..nrber~ 27, /-" . ...... ~., LiLLi-A~',!i~c Sa~'IE~AC [ ":~m,~'~,/% My Corem Exp 4/25/98 ~~~ ~0. C0367364 Notary Public ~~~ I]~L~ No. 59935 BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, will consider adopting a County Ordinance [No. 96-24, regarding Amending Chapter 2-5, [Building and Building Regulations] of the St. Lucle County code of Ordinances and compiled., Laws, Amending Section 2-5-8 [Examination of Applicant] to speclflca~f require an applicant to take and pass a TechnicS/ Competency Examination and a Business and Law Examlnatlan at Its regular meeting on Tuesday, the 15th day of October, 1996, at 7:00 p.m.. or as soon thereafter as the rnatt~ may be heard in the St. Lucle County Comm'-~on Chambers at the St. Lucle County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Forl Pierce, Florida. Matters affecting your personal and property rights may be heard and acted upon. All Interested persons are Invited to attend and be heard. Written comments received In advance of the public hearing will also be heard, Copies of the p~,~-~ ordinance may be obtained from the Count,/ Attorney's Office, St. Lucle County Administration :Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Amendments to the proposal may be made at the public heorlng. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or adviso~ group, that person will need a record of the 3roceedings and that, for such purpose, may need to ensure that a verb(3tim,i record of the proceedh3gs Is made, whch record; shauld Include the testimony and evldence~: upon which the appeal Is to be based. Upon the request of any party to ~ )roceedlng, Indlvldual~ testifying during a heaflng~ wlfl be sworn in. Any pa~ to the proceeding will b~ g~anted an opportunity cross-examine any ndlvldual tesfltylng dutiful ~ hearing upon request. The title of the ordinance Is as follows: ORDINANCE NO, 9~-24 AN ORDINANCE AMENDING CHAPTER 2-B, (BUILDING AND BUILDING REGULATIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS; AMENDING SECTION 2-S-8 (EXAMINATION OF APPLICANT TO SPECIFICALLY REQUIRE AN APPLICANT TO TAKE AND PASS A TECHNICAL/ COMPETENCY EXAMINATION AND A BUSINESS AND LAW :~ EXAMINATION; PROVIDING FOR CONFLICTING PROVISIONS; PRONIDIN~ FOR $EVERABILITY; AND PROVIDING FOB' APPLICABILITY; PROVIDING FOR FIUN~ WITH THE DEPARTM~IT OF STATE; PROVIDING FOR AN EFFECTlVlE DATE;~ ~ PROVIDING FOI~~ ADOPTION; AND~ PROVIDING FOt CODIFICATION., THIS NOTICE EXECUTED ~ DATED THIS 27TH DAY (]~: SEPTEMBER, 1996. Submitted by: Daniel S. Mclntyre County Attorney ~" Pub: September 27, 1996 , JoAnne Holman, Clerk jf the Circuit Court - St. ,File Number: 1507981 OR BOOK 1042 Recorded: 10-25-96 12:13 P.M. lcie County ~-PAGE 1 8 9 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 _~,16 ~_ 17 i- 18 ~ 19 20 · 21 ~ 22 24 26 27 29 3O L'~ 31 ~ 32 ~ 33 34 35 36 37 38 39 ~0 41 42 43 45 46 ORDINANCE 96-026 AN ORDINANCE AMENDING, ARTICLE V, CHAPTER 1-6.5, EDUCATIONAL FACILITIES IMPACT FEE, ST. LUCIE COUNTY CODE AND COMPILED LAWS BY AMENDING SECTION 1-6.5-56, FEE SCHEDULE, TO REDUCE THE AMOUNT OF SCHOOL IMPACT FEES TO BE ASSESSED AGAINST RESIDENTIAL CONSTRUCTION BASED ON A RECALCULATION OF THE LOCAL CONTRIBUTION TO CAPITAL SCHOOL NEEDS RESULTING FROM THE MARCH 1996 BOND REFERENDUM FOR SCHOOL CAPITAL IMPROVEMENTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITYANDAPPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On August 5, 1988, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 88-16, imposing an educational facilities impact fee in St. Lucie County. On February 16, 1993, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 93-003, amending the educational facilities impact fee ordinance to account for certain editorial and legislative reference changes. o On September 5, 1995, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 95-22, amending the fee schedule for imposing an educational facilities impact fee in St. Lucie County. On September 19, 1996, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing two notices in The Port St. Lucie News and The Tribune at least fifteen (15) days prior to the hearing and recommended that the proposed ordinance be adopted as drafted. o On October 15, 1996, this Board held its first public hearing on the proposed ordinance, after publishing a Underline is for addition Strika Through is for deletion Ordinance 95-026a Page 1 Final Print Date: 10/15/96 OR BOOK 10 4 2 PAGE 1 8 9 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 o notice of such hearing in The Tribune and the Port St. Lucie News on October 7, 1996. The proposed amendments to Article V, Educational Facilities Impact Fees are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Article V, Chapter 1-6.5, Sections 1-6.5-51 through 1-6.5-61, of the St. Lucie County Code and Compiled Law is amended to read as follows: ARTICLE V. EDUCATIONAL FACILITIES IMPACT FEE Sec. (a) (b) (c) 1-6.5-51. Short title, authority, and applicability. This article shall be known and may be cited as the "educational facilities impact fee ordinance" The Board of County Commissioners has the authority to adopt this article pursuant to Article VIII of the Constitution of the State of Florida, and Chapter 125 and sections 163.3201, 235.19, and 235.193 of the Florida Statutes. This article shall apply to all areas of St. Lucie County in a manner consistent with the opinion of the Florida Supreme Court in St. Johns County v. Northeast Florida Builders Association, Inc. 583, So. 2nd 635 (Fla. 1991) Sec. (a) 1-6.5-52. Intents and purposes This article is intended to implement and be consistent with the St. Lucie County Comprehensive Plan. Underline is for addition .......o,_~,.A T..rcu-..= =u is for deletion Ordinance 95-026a Page 2 Final Print Date: 10/15/96 OR BOOK 10 4 ~- PAGE 1 8 9 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (b) (c) (d) The purpose of this article is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide educational facilities as contemplated by the St. Lucie County Comprehensive Plan. This article is intended to implement the policies established in Section 235.193, Florida Statutes. The Florida Legislature through the enactment of Section 163.3202, Local Government Comprehensive Planning and Land Development Regulation Act and Section 380.06(16) of the Environmental Land and Water Management Act, Florida Statutes Chapters 163 and 380, respectively, has sought to encourage local governments to enact impact fees as a part of their land development regulation program. Sec. (a) (b) 1-6.5-53. Rules of construction. The provisions of this article shall be liberally construed so as to carry out effectively its purpose in the interest of the public health, safety, and welfare. For the purposed of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article: (i) In case of any difference of meaning or implication between the text of this article and any caption, illustration, summary table, or illustrative table, the text shall control. (2) The word "shall" is always mandatory discretionary; the word "may" is permissive. and not (3) Words used in the present tense shall include the future; the masculine gender shall include the feminine and neuter and vice versa; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (4) The phrase "used for" includes "arranged for," "designed for", "maintained for," or "occupied for." Underline is for addition Strike Tkrcu~h is for deletion Ordinance 95-026a Page 3 Final Print Date: 10/15/96 ORDINANCE NO. 96-29 AN ORDINANCE CREATING SECTION 1-20-50 OF ARTICLE III "BICYCLE SAFETY" OF CHAPTER 1-20 OF THE CODE OF ORDINANCES EXEMPTING ST. LUCIE COUNTY FROM THE PROVISIONS OF SECTION 316.2063(3)(d) AND (16), FLORIDA STATUTES WHICH REQUIRES THAT A BICYCLE RIDER OR PASSENGER WHO IS UNDER SIXTEEN (16) YEARS OF AGE MUST WEAR A BICYCLE HELMET THAT MEETS THE STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI Z 90.4 BICYCLE HELMET STANDARDS), THE STANDARDS OF:'/~-IE SNELE MEMORIAL FOUNDATION (1984 STANDARD FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING) OR ANY OTHER NATIONALLY RECOGNIZED STANDARDS FOR BICYCLE HELMETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; PROVIDING FOR TRANSMITTAL TO LAW ENFORCEMENT AGENCIES WITHIN THE COUNTY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION WHEREAS, the Florida Legislature adopted Chapter 96-185, Laws of Florida, which requires, effective January 1, 1997, that any bicycle rider or passenger who is under sixteen (16) years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger's head with a strap, and that meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for use in Bicycling) or any other nationally recognized standards for bicycle helmets; and, WHEREAS, Section 3 of Chapter 96-185 provides that a county may exempt itself from the provisions of Section 316.2065(3)(d) and (16), Florida Statutes (requiring bicycle riders and passengers to wear bicycle helmets as set out above) if the Board of County Commissioners: (1) Passes an ordinance to that effect before January 1, 1998; and, (2) Provides notice, holds a hearing, and takes testimony before passing the ordinance; and, . O= 0 oo q WHEREAS, this Board has determined that the adoption of the Ordinance exempting St. +ucie County from the proVisions of Section 316.2065(3)(d) and (16), Florida Statutes is in the best interest of the health, safety and welfare of the citizens of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ARTICLE III "BICYCLE SAFETY" OF CHAPTER 1-20 "TRAFFIC" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY CREATED AS FOLLOWS: Section 1-20-50 Exemption from State Law Requiring Bicycle Helmets for Persons Under 16 St. Lucie County is exempt from the provisions of Section 316.2065 (3)(d) and (16), Florida Statutes which provisions require bicycle riders and passengers under sixteen (16) years of age to wear bicycle helmets as set forth in the statute. The provisions of this state law shall not be enforceable within St. Lucie County. PART B. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE SECRETARY OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, 0 o 0 q q Florida 32304. PART D. TRANSMITTAL TO LAW ENFORCEMENT AGENCIES The County Administrator is hereby requested to transmit a copy of this ordinance to the various law enforcement agencies within St. Lucie County. PART E. EFFECTIVE DATE. This Ordinance shall take effect upon adoption. PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 B through F shall not be codified. After motion and second, the vote on this ordinance was as follows: Chairman Gary D. Charles, Sr. Vice-Chairman Paula A. Lewis Commissioner John D. Bruhn AYE NAY AYE 0 o 0 O1 q Commissioner Ken Sattler AYE Commissioner Cliff Barnes AYE PASSED AND DULY ENACTED this 17th day of December, 1996. ATTEST: ~C~ eou~. ~'. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: