HomeMy WebLinkAboutOrdinance No. 04-1992ORDINANCE NO. 4 -92
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 662.01, CONCURRENCY
MANAGEMENT SYSTEMS, AND SECTION 667.07, TO PROVIDE FOR
THE PARTICIPATION OF THE ST. JOHN'S RIVER WATER
MANAGEMENT DISTRICT IN CONCURRENCY EVALUATION FOR THE
PURPOSE OF EVALUATING IMPACTS ON WETLANDS; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, that:
Section 1. Section 662.01 of the Code of Ordinances of the
City of Cape Canaveral, Land Development Regulations, is hereby
amended to add the following subsection 662.O1E.:
E. In addition to the concurrency evaluation process for the
six types of critical public facilities, each proposed
development project shall be subject to the concurrency
evaluations for impact on wetlands required by Chapter
667, Wetlands Protection, prior to the issuance of a
final development permit.
Section 2. Section 667.07 of the Code of Ordinances of the
City of Cape Canaveral, Land Development Regulations, is hereby
amended to add the following subsection 667.07F.:
F. Any person or developer submitting a site plan or
subdivision plat for review pursuant to this Chapter
shall submit said site plan or subdivision plat to the
St. Johns River Water Management District for concurrency
evaluation of the impact of said site plan or subdivision
plat on wetlands. No building permit or development
permit shall be issued unless the St. Johns River
Management District has made a determination in the
concurrency evaluation process that the proposed
development does not require a St. Johns River Water
Management District permit and that the proposed
development does not cause a loss of wetlands in the
City. If a proposed development will cause a loss of
wetlands in the City, the St. John's River Water
Management District shall make a determination that
proposed mitigation meets the requirements of Section
667.11, Mitigation, before any building permit or
development permit shall be issued.
Section 3. All ordinances or parts of ordinances in
conflict are hereby repealed.
Section 4. If any section, paragraph, phrase, or word of
this Ordinance is held to be unconstitutional or invalid, such
portion shall not affect the remaining portions hereof and it shall
be construed to have been a legislative intent to pass this
Ordinance without such unconstitutional or invalid part.
Section 5. This Ordinance shall take effect immediately
upon adoption.
ORDINANCE NO. 4 -92
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ADOPTED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA
THIS 5th DAY OF May , 1992.
APPROVED AS TO FORM:
Johri'R. Kancilia, City Attorney
1
NAME
KEDZIERSKI
PORTER
Salamone, Mayor
YES
X
X
NO
RANDELS
X
SALAMONE X
THURM Abseni-
First Reading 04/07/92
Posted: 04/22/92
\dvertised: 04/24/92
3econd Reading: 05/05/92
ORDINANCE NO. 4 -92
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